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Fair Work Act 2009
s.185—Enterprise agreement
The Corporation of the Roman Catholic Diocese of Toowoomba – Catholic
Schools T/A Diocese of Toowoomba Catholic Schools
(AG2024/4904)
TOOWOOMBA CATHOLIC SCHOOLS OFFICE ENTERPRISE
AGREEMENT 2024-2027
Educational services
DEPUTY PRESIDENT DOBSON BRISBANE, 14 JANUARY 2025
Application for approval of the Toowoomba Catholic Schools Office Enterprise Agreement
2024 – 2027
[1] This decision deals with an application made for approval of an enterprise agreement
known as the Toowoomba Catholic Schools Office Enterprise Agreement 2024-2027 (the
Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the
Act) by The Corporation of the Roman Catholic Diocese of Toowoomba – Catholic Schools
T/A Diocese of Toowoomba Catholic Schools (the Applicant). The Agreement is a single
enterprise agreement.
[2] The Notice of Employee Representational Rights (NERR) distributed to employees
appears to have a different name for the Agreement to that which was eventually made.
However, I am satisfied that the Agreement would have been genuinely agreed to but for the
minor procedural departure from the prescribed form requirements of the NERR under
s.174(1A) of the Act and that the employees covered by the Agreement were not likely to
have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5)
of the Act.1
[3] There was an issue raised by the Commission with the Applicant as to whether
relevant casual employees who were given an opportunity to vote on the agreement were
engaged during the access period and/or on the day of the vote.2 The Applicant provided a list
of casual employees who were engaged during the relevant period. I found that the Applicant
made a typographical error on the lodgement documentation and that there were 2 casual
employees eligible to vote who were given an opportunity to do so. I am satisfied that the
Agreement was genuinely agreed to by relevant employees notwithstanding this issue3 and no
further concerns arise.
[2025] FWCA 133
DECISION
AUSTRALIA FairWork Commission
[2025] FWCA 133
2
[4] The Agreement does not contain a delegates rights term that is in all respects, no less
favourable than the modern award pursuant to s.205A, and on that basis the term in the
relevant modern award will apply and the delegates’ rights term in the Agreement at clause
3.35 will have no effect.
[5] On the basis of the material contained in the application and accompanying
declarations, having regard to the Statement of Principles,4 I am satisfied that each
requirement of ss186, 187 and 188 as are relevant to this application for approval have been
met.
[6] I observe that the following provisions are likely to be inconsistent with the National
Employment Standards (NES):
• Clause 3.18 – Flexible working arrangements
• Clause 4.6.3 – Termination (Withholding of NES entitlements)
• Clause 5.1.1 – Annual Leave should provide for 4 weeks entitlement rather than 20
days.
• Clause 5.1.6 – Cashing out of Annual Leave
• Clause 5.5 – Compassionate leave – miscarriage and stillbirth
• Clause 5.7 – Public Holidays (Right to refuse to work on a public holiday and public
holidays in addition to those described in the NES in s.115(21) of the Act)
• Clause 5.16 – Family and Domestic Violence leave (both the reasons for taking this
leave at clause 5.16.1 and the notice period required at 5.16.7)
However, noting clause 1.8 of the Agreement, I am satisfied the more beneficial entitlements
of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Independent Education Union of Australia – Queensland and Northern Territory
Branch (IEU-QNT) lodged a Form F18 statutory declaration giving notice under s.183 of the
Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the
Agreement covers the IEU-QNT.
[8] The Agreement is approved and will operate from 21 January 2025. The nominal
expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE527595 PR783285
AIR WORT WORK COM boon + AUSTRALIA ISSION THE SEAL OFFLINE
https://www.fwc.gov.au/documents/agreements/approved/AE527595.pdf
[2025] FWCA 133
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1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318
[117].
2 Kmart Australia Limited T/a Kmart and Others [2019] FWCFB 75992.
3 Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
4 Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb318.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb75992.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb318.htm
