Moreton Bay College Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moreton Bay College applied for approval of its Enterprise Agreement 2022. The respondents to the application were the Queensland Teachers' Union and the Queensland College of Teachers, who were parties to the agreement. The Fair Work Commission was asked to determine if the agreement met the requirements of the Fair Work Act 2009, including that it facilitate the improvement of productivity, sustainability, and profitability, and the efficient operation of enterprises. The Commission heard submissions from both sides on whether the agreement was in the interests of the employees and employers and whether it complied with the Act.

The central legal issue before the Commission was whether the enterprise agreement, in its current form, met the requirements of the Fair Work Act 2009. The respondents argued that the agreement did not adequately address certain matters, including those related to workload, the classification of teachers, and the definition of a teaching day. The college argued that the agreement was fair and balanced and complied with all relevant provisions of the Act. The Commission examined the submissions and evidence provided by both parties, considering the provisions of the agreement and the relevant legislative framework.

The Commission found that the enterprise agreement, as presented, did not fully meet the requirements of the Fair Work Act 2009. The agreement did not adequately address the respondents' concerns regarding workload, classification, and the definition of a teaching day. The Commission was particularly concerned with the potential impact of the agreement on teachers' working conditions and the ability of the college to effectively manage its resources. The Commission concluded that the agreement, as presented, was not in the interests of the employees and employers and did not facilitate the improvement of productivity, sustainability, and profitability, or the efficient operation of enterprises. The application for approval was dismissed.

The Commission ordered that the Moreton Bay College Enterprise Agreement 2022 not be approved. The college was directed to return to the negotiating table with the respondents to address the issues identified by the Commission and to develop a revised agreement that met the requirements of the Fair Work Act 2009. The college and the respondents were also directed to engage in good faith negotiations and to endeavour to reach a new agreement within a specified timeframe. The Commission's decision highlighted the importance of addressing the interests of both employees and employers in enterprise agreements and the need for agreements to comply with the relevant legislative framework.

Moreton Bay College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established