DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A Diocese of Maitland-Newcastle Catholic Schools Office
(AG2017/3371)

DIOCESE OF MAITLAND-NEWCASTLE, CATHOLIC SCHOOLS OFFICE STAFF ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2017

Application for approval of the Diocese of Maitland-Newcastle, Catholic Schools Office Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Diocese of Maitland-Newcastle, Catholic Schools Office Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A Diocese of Maitland-Newcastle Catholic Schools Office. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant sought approval of the Diocese of Maitland-Newcastle Catholic Schools Office Staff Enterprise Agreement 2017. The applicant argued that the agreement met the statutory requirements for approval. The application was heard by the Fair Work Commission and the Commission was required to determine whether the application complied with the necessary legislative provisions and whether the agreement was in the best interests of the employees.

The Commission needed to determine if the agreement contained the prescribed terms and conditions of employment, whether it complied with the Fair Work Act 2009, and if the agreement was in the best interests of the employees. The Commission found that the agreement did contain the prescribed terms and conditions of employment and was compliant with the Fair Work Act 2009. The Commission also found that the agreement was in the best interests of the employees.

The Commission approved the application and the agreement was approved under section 232 of the Fair Work Act 2009. The approved agreement will apply to the employees of the Diocese of Maitland-Newcastle Catholic Schools Office from 1 January 2018 for a period of five years. The approval of the agreement ensures that the employees have a fair and reasonable agreement that meets their needs and the needs of the employer.

Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle T/A Diocese of Maitland-Newcastle Catholic Schools Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established