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Poorly drafted enterprise agreement results in back pay for former employee

The Case

Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba (2023)

The Corporation of the Roman Catholic Diocese of Toowoomba (RCDT) employed Mr Murtagh as a school teacher. Mr Murtagh’s employment was covered by an enterprise agreement that was due to expire on 30 June 2019.

The Fair Work Commission (FWC) approved a new enterprise agreement for the RCDT, which came into operation in December 2020. The new enterprise agreement provided for staged salary increases to operate from the first full pay period after 1 July 2019. Thereafter, it provided for subsequent salary increases from 1 July for each year until 2022.

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