DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AFIC Schools (Victoria) Limited T/A Islamic College of Melbourne
(AG2015/3682)

ISLAMIC COLLEGE OF MELBOURNE (TEACHERS) AGREEMENT 2015

Educational services
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2015

Application for approval of the Islamic College of Melbourne (Teachers) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Islamic College of Melbourne (Teachers) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AFIC Schools (Victoria) Limited T/A Islamic College of Melbourne. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 was approved on 13 August 2015 and, in accordance with s.54, will operate from 20 August 2015. The nominal expiry date of the Agreement is 13 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of AFIC Schools (Victoria) Limited T/A Islamic College of Melbourne, the Fair Work Commission was tasked with considering an application for the approval of the Islamic College of Melbourne (Teachers) Agreement 2015. The applicant, the employer, sought to have the agreement registered to provide for the terms and conditions of employment of teachers employed at the College. The dispute centred on whether the agreement was made in the course of genuine bargaining and if it met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was to determine if the agreement was genuinely negotiated between the parties, and if so, whether it complied with the criteria for approval as set out in the Act. This involved assessing whether the agreement was made in good faith and was free from any improper conduct that could have influenced the outcome of the negotiations. Additionally, the Commission had to consider if the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission found that the agreement had indeed been genuinely negotiated between the parties. The Commission was satisfied that there was no evidence of any coercion, duress, or improper influence that would have compromised the integrity of the bargaining process. Furthermore, the Commission held that the agreement met all the statutory requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and reasonable outcome.

As a result of the Commission's decision, the Islamic College of Melbourne (Teachers) Agreement 2015 was registered, providing certainty and stability for both the employer and the employees. The approval of the agreement ensures that the terms and conditions of employment for teachers at the College are clearly defined and legally binding, fostering a productive and harmonious working environment.

AFIC Schools (Victoria) Limited T/A Islamic College of Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established