Moreton Bay College

[2022] FWCA 4522

The attached document wholly replaces the document previously issued with the code [2022] FWC 3333 on 19 December 2022 to correct document referencing

Associate to Deputy President Dobson

Dated 22 December 2022

[2022] FWCA 4522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moreton Bay College, an educational institution, applied to the Fair Work Commission for approval of its 2022 Enterprise Agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fairly and genuinely negotiated, if it provided for the resolution of disputes and the protection of employees' rights, and if it adhered to the minimum entitlements set out in the Act. The Commission also considered whether the agreement was in the public interest and if it complied with other legislative requirements.

The primary legal issues before the Commission were whether the agreement was genuinely and fairly negotiated, as mandated by the Fair Work Act. Additionally, the Commission had to assess if the agreement provided adequate protections for employees and complied with minimum standards. It also needed to ensure that the agreement did not unfairly discriminate against any class of employees and that it was in the public interest. The Commission was required to consider the submissions of both the employer and the employees, along with any other relevant evidence, in making its decision.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely and fairly negotiated, provided adequate protections for employees, and complied with all minimum standards. The Commission concluded that the agreement was in the public interest and did not unfairly discriminate against any class of employees. Consequently, the Commission approved the agreement, finding it met all necessary criteria for approval under the Fair Work Act. The Commission issued its approval, allowing the Moreton Bay College Enterprise Agreement 2022 to come into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established