DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian International Islamic College Board Inc T/A Australian International Islamic College
(AG2015/7681)

AUSTRALIAN INTERNATIONAL ISLAMIC COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Australian International Islamic College Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian International Islamic College Collective Enterprise 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 Australian International Islamic College Board Inc T/A Australian International Islamic College. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian International Islamic College Board Inc trading as the Australian International Islamic College, sought approval for the Australian International Islamic College Collective Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred on the application's compliance with the relevant legislative framework, particularly the Fair Work Act 2009. The College argued that the agreement met all necessary criteria and was in the best interests of the employees.

The primary legal issue before the Court was whether the agreement complied with the requirements of the Fair Work Act 2009. This included whether the agreement provided for a fair and efficient workplace, as well as whether it adhered to the procedural fairness requirements for the approval process. The Court had to consider whether the agreement was free from any discriminatory provisions and if it appropriately balanced the interests of both the employer and employees.

In assessing the application, the Court reviewed the provisions of the agreement and the evidence provided by both parties. The Court found that the agreement was comprehensive and met the necessary legislative requirements. It was concluded that the agreement provided for fair terms and conditions for the employees, and that the process for its approval was conducted in a manner that was fair and transparent. The Court approved the application, finding that the agreement was in the best interests of the employees and the College.

The Court ordered the approval of the Australian International Islamic College Collective Enterprise Agreement 2015, subject to the conditions specified in the agreement. The decision affirmed the College's authority to implement the terms of the agreement, provided that it continued to adhere to the requirements of the Fair Work Act 2009.

Australian International Islamic College Board Inc T/A Australian International Islamic College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established