Application by Catholic Education Western Australia Limited
Citation: [2026] FWCA 2400
At a glance
- Awards cited
- MA000000
What happened
Catholic Education Western Australia Limited applied to have the WA Catholic School Support Staff Enterprise Agreement 2024 approved. The agreement is a multi-enterprise agreement covering employees. The application was made under section 185 of the Fair Work Act 2009. Several unions, including the Australian Nursing and Midwifery Federation, Independent Education Union of Australia, and United Workers Union, were involved in bargaining and some expressed views on whether the agreement passed the Better Off Overall Test. An issue arose regarding casual employee voting eligibility, but the applicant provided evidence demonstrating proper approval by eligible voters.
What was decided
Deputy President O’Keeffe approved the WA Catholic School Support Staff Enterprise Agreement 2024. The agreement will operate from 8 September 2026 and expire on 1 September 2030. The Deputy President inserted a delegates’ rights clause based on a Full Bench decision and was satisfied the agreement passed the Better Off Overall Test. The unions involved are covered by the agreement. The Deputy President also accepted written undertakings from the applicant.
What it means for employers
Employers should ensure voting processes for enterprise agreements are accurate and only include eligible employees. They must also be prepared to address and rectify any issues identified regarding compliance with Fair Work Act requirements, particularly concerning delegates’ rights and the Better Off Overall Test.
What it means for employees
Employees should be aware of their rights and entitlements under the approved enterprise agreement. Unions involved in the agreement will also be covered by its terms. Employees should review the agreement to understand its impact on their working conditions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections