DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreton Bay College
(AG2019/4972)

MORETON BAY COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 29 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Moreton Bay 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 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 5 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Moreton Bay College, sought approval of an Enterprise Agreement that it had entered into with a number of its employees represented by the respondent, the Queensland Teachers' Union. The dispute was heard in the Fair Work Commission. The legal issues before the Commission included whether the Agreement complied with the relevant legislative framework and whether it contained appropriate provisions for the protection of employees' rights and interests.

The Commission found that the Agreement did comply with the relevant legislative framework, including the Fair Work Act 2009, and that it contained appropriate provisions for the protection of employees' rights and interests. The Commission noted that the Agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the Agreement was consistent with the principles of enterprise bargaining and that it had been negotiated in good faith.

The Commission approved the Agreement, noting that it represented a fair and reasonable outcome for both parties. The Commission emphasised the importance of enterprise bargaining as a means of promoting cooperation and productivity in the workplace, and it encouraged both parties to continue to work together to achieve their shared goals. The Agreement was approved subject to certain conditions, including the requirement that the parties notify the Commission of any changes to the Agreement within the specified timeframes.

The Commission's decision provides guidance to employers and unions on the types of provisions that are likely to be considered appropriate in an Enterprise Agreement. It also reinforces the importance of good faith bargaining and the role of the Commission in facilitating the resolution of workplace disputes.

Moreton Bay College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established