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

[2022] FWCA 3472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3873)

MORETON BAY BOYS’ COLLEGE ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER P RYAN	SYDNEY, 7 OCTOBER 2022

Application for approval of the Moreton Bay Boys’ College Enterprise Agreement 2022

Moreton Bay Boys’ College Ltd (Employer) has made an application for approval of an enterprise agreement known as the Moreton Bay Boys’ College Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College was the applicant seeking approval of the Moreton Bay Boys’ College Enterprise Agreement 2022. The College is an independent secondary boys' school located in Brisbane, Queensland. The application for approval was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The nature of the dispute was that the applicant sought to have the agreement approved as a certified agreement, which would mean that it would be protected from further industrial action by the teachers union, the Australian Education Union (AEU).

The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act, and whether it was in the best interests of the employees to be approved as a certified agreement. Specifically, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The FWC also had to consider whether the agreement provided for adequate protections for employees, including protections against adverse action and unfair dismissal.

The FWC found that the agreement met the requirements of the Fair Work Act, and that it was in the best interests of the employees to be approved as a certified agreement. The FWC noted that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The FWC also found that the agreement provided for adequate protections for employees, including protections against adverse action and unfair dismissal. The FWC approved the agreement as a certified agreement, effective from 1 July 2022. The approval of the agreement means that it will be protected from further industrial action by the AEU, and that the terms and conditions of employment for teachers at the College will be governed by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established