Moreton Bay Boys' College Ltd T/A Moreton Bay Boys' College

[2025] FWCA 173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College

(AG2024/4892)

MORETON BAY BOYS’ COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER HUNT	BRISBANE, 16 JANUARY 2025

Application for approval of the Moreton Bay Boys’ College Enterprise Agreement 2025

Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College (the Employer) has applied for approval of an enterprise agreement known as the Moreton Bay Boys’ College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 July 2024 and the Agreement was made on 28 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU indicated that it would defer to the Commission to make a decision in relation to the approval of the Agreement, and did not provide any further views.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, the Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College applied for approval of the Moreton Bay Boys’ College Enterprise Agreement 2025. The dispute was over whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the minimum rates of pay and conditions for employees. The Commission was tasked with assessing if the agreement met the criteria for approval under section 234 of the Act, ensuring it provided for fair and efficient terms and conditions of employment.

The primary legal issue was whether the proposed enterprise agreement provided for minimum terms and conditions of employment as required by the Fair Work Act 2009. This involved examining if the agreement met the criteria for approval, including ensuring the agreement did not disadvantage employees and provided for fair and efficient terms and conditions of employment. The Commission also considered if the agreement was consistent with the national minimum terms and conditions set by the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The Commission found that the Moreton Bay Boys’ College Enterprise Agreement 2025 provided for minimum terms and conditions of employment and did not disadvantage employees. The agreement was deemed to be fair and efficient, consistent with national minimum terms and conditions. The Commission approved the agreement, noting that it met all the statutory requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for appropriate pay and conditions for employees and was in line with the objectives of the Act.

The Fair Work Commission approved the Moreton Bay Boys’ College Enterprise Agreement 2025, effective from 1 January 2025. This decision confirms that the agreement meets the statutory requirements for approval, including providing for fair and efficient terms and conditions of employment. The approval ensures that the agreement will govern the employment of staff at Moreton Bay Boys’ College for the specified period, providing clarity and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established