DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College
(AG2016/1356)

MORETON BAY BOYS’ COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 4 JULY 2016

Application for approval of the Moreton Bay Boys’ College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Moreton Bay Boys’ College Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moreton Bay Boys’ College Ltd T/A Moreton Bay Boys’ College applied for the approval of an enterprise agreement dated 2016. The application was heard by the Fair Work Commission, which is the body responsible for approving enterprise agreements in Australia. The dispute centred on whether the proposed agreement was fair and whether it met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Act, and whether it contained provisions that were fair and reasonable. The Commission needed to assess the agreement’s provisions against the statutory criteria set out in the Act, including whether the agreement provided for the payment of rates of pay and conditions of employment that were no less favourable than the applicable award or safety net. Additionally, the Commission had to consider the implications of the agreement on the parties involved and whether it facilitated a productive workplace relationship.

The Fair Work Commission found that the agreement met the formal requirements of the Act and contained provisions that were fair and reasonable. The Commission noted that the agreement provided for appropriate rates of pay and conditions for employees, and that it contained mechanisms for resolving disputes. The Commission also concluded that the agreement facilitated a productive workplace relationship by providing for the establishment of a College Enterprise Agreement Committee, which would assist in the ongoing management of the workplace. The Commission approved the agreement, finding that it met the necessary criteria under the Act.

The Fair Work Commission approved the Moreton Bay Boys’ College Enterprise Agreement 2016, finding that it met the statutory criteria for approval. The agreement was deemed to be fair and reasonable, and it provided for appropriate rates of pay and conditions for employees. The Commission also found that the agreement facilitated a productive workplace relationship by providing for the establishment of a College Enterprise Agreement Committee. The approval of the agreement ensures that the parties will be bound by the terms and conditions set out in the agreement, and it provides a framework for managing the workplace in a fair and reasonable manner.

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