Application for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement 2025

[1] This decision concerns an application for approval of the NSW and ACT Catholic Systemic Schools Enterprise Agreement Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Catholic Employment Relations Ltd (the Applicant). The Applicant is the bargaining representative for the nine employers covered by the Agreement (the Employers), which are:

• Trustees of the Roman Catholic Church for the Diocese of Armidale trading as Armidale Catholic Schools;

• Catholic Education Diocese of Bathurst Limited;

• Catholic Archdiocese of Canberra and Goulburn Education Limited;

• Diocese of Lismore Catholic Schools Limited;

• Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle trading as the Diocese of Maitland-Newcastle Catholic Schools Office;

• Sydney Catholic Schools Limited ACN 619 137 343 as trustee for Sydney Catholic Schools Trust ABN 26158447082;

• Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga;

• The Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes; and

• The Trustees of the Roman Catholic Church for the Diocese of Wollongong trading as the Trustees of the Wollongong Diocese Catholic School System ABN 67786923621.

[2] The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Employers and the Independent Education Union of Australia (IEU), which was the only other bargaining representative for the Agreement. The concern related to clause 43.2(b) of the Agreement, which permits the employer to withhold amounts payable on termination of employment. The concern being that clause may be inconsistent with the National Employment Standards. I sought the views of the Employers and the IEU as to whether the Employers wished to rely upon clause 3.2 of the Agreement, which may be best described as a NES precedence clause, to address any such inconsistency. The Employers confirmed that they did. The IEU did not express a view. Such confirmation by the Employers resolves this concern.

[4] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised two concerns with the Employers and the IEU. The first concern related to the wage rates for trainees. The second concern related to the span of hours for cleaners. The Employers provided an explanation that met my concerns. The IEU did not express a view. In responding to these concerns, the Employers raised two issues. One issue was the inadvertent omission of the wage rate for half-day casual teachers in the ACT. This gave rise to a BOOT concern. The Employers proposed an undertaking to address this concern. The Commission sought the views of the IEU as to the undertaking. The IEU agreed to the undertaking. I accept the undertaking. In doing so, I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision. The second issue was an obvious error with clause 43.2(b) of the Agreement, which refers to clause 43.2(e). There is no clause 43.2(e) of the Agreement. I am satisfied that this is an obvious error and that the reference should be to clause 43.1(e). The Agreement will be varied pursuant to section 218A of the FW Act to correct this obvious error.

[5] Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter is that the Independent Education Union of Australia has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Independent Education Union of Australia. The second such matter relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 24 December 2025. The nominal expiry date of the Agreement is 9 October 2027

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