DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreton Bay Boys' College Ltd T/A Moreton Bay Boys' College
(AG2018/5408)

MORETON BAY BOYS' COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER GREGORY	MELBOURNE, 20 MARCH 2019

Application for approval of the Moreton Bay Boys' College Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Moreton Bay Boys’ College Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moreton Bay Boys' College Ltd T/A Moreton Bay Boys' College sought approval of an Enterprise Agreement 2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President A J M Byrne presiding. The dispute centred on whether the proposed agreement met the necessary criteria for approval, including whether it facilitated the improvement of employees' terms and conditions of employment and whether it was free from prohibited content.

The legal issues before the court were whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it contained prohibited content, and whether it facilitated the improvement of employees' terms and conditions of employment. Specifically, the court had to consider whether the agreement was genuinely a product of bargaining between the employer and employees, whether it contained any provisions that contravened the Act, and whether it provided for terms and conditions that were at least as favourable as the applicable award.

The court found that the agreement was a genuine product of bargaining and did not contain any prohibited content. It noted that the agreement contained terms and conditions that were at least as favourable as the applicable award, and that it facilitated the improvement of employees' terms and conditions of employment. The court was satisfied that the agreement met all the necessary criteria for approval, and accordingly, granted approval of the Enterprise Agreement 2019. The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established