Moreton Bay College
[2022] FWC 3333
•19 DECEMBER 2022
| [2022] FWC 3333 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moreton Bay College
(AG2022/5150)
Moreton Bay College Enterprise Agreement 2022
| Educational services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 19 DECEMBER 2022 |
Application for approval of the Moreton Bay College Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Moreton Bay College Enterprise Agreement 2022 (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 College (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 3.3.5 – Deductions on Termination
• Clause 4.10.2 – Notice of Parental Leave
• Clause 4.20.2– Jury Duty
However, noting clause 1.5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing Federation (ANF) and the Independent Education Union of Australia (IEU) have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ANF and the IEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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