Moreton Bay College

[2025] FWCA 3285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moreton Bay College

(AG2025/3016)

MORETON BAY COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER SIMPSON	BRISBANE, 29 SEPTEMBER 2025

Application for approval of the Moreton Bay College Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Moreton Bay College Enterprise Agreement 2025 (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.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Applicant has identified calculation errors in the wage tables for Levels 2, 3 and 4 for Cleaning and Operational Employees for 2025, 2026, and 2027 and seek to vary pages 91 and 101 of the Agreement to rectify this. I have determined that it is appropriate to exercise power under s.218A of the Act to amend those pages of the Agreement. The copy of the Agreement published contains the replacement pages with the correct salaries.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moreton Bay College sought approval of its 2025 Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for the college's employees, including teachers, administrative staff, and support personnel. The college argued that the proposed agreement was necessary to address current workforce needs and to ensure the college could continue to operate efficiently and effectively.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the "better off overall test" and ensuring that the agreement was fairly negotiated. Additionally, the Commission had to consider whether the agreement adequately protected the rights and interests of the employees and whether it complied with relevant industrial instruments.

The Fair Work Commission found that the proposed Enterprise Agreement met all statutory requirements. The Commission considered the evidence presented by the college regarding the necessity of the changes and the benefits to both the college and its employees. The agreement was deemed to be fairly negotiated and met the "better off overall test" as it provided benefits to the majority of the employees. The Commission approved the agreement, noting its balanced approach and the consideration given to the interests of both the college and its staff. The approval ensures that the agreement will govern the employment terms and conditions for the specified period, providing a stable framework for the college's operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established