Australian International Islamic College T/A Australian International Islamic College Ltd

[2022] FWCA 4419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian International Islamic College T/A Australian International Islamic College Ltd

(AG2022/5140)

Australian International Islamic College Collective Enterprise Agreement 2022

Educational services
COMMISSIONER SIMPSON	BRISBANE, 14 DECEMBER 2022

Application for approval of the Australian International Islamic College Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian International Islamic College Collective 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 Australian International Islamic College T/A Australian International Islamic College Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian International Islamic College T/A Australian International Islamic College Ltd applied for approval of their 2022 Collective Enterprise Agreement. The Fair Work Commission was the court that heard the matter. The dispute centred around whether the proposed agreement complied with the relevant legislative requirements and whether it was fair and reasonable for the employees of the college.

The primary legal issues that the Commission had to address were whether the agreement met the statutory criteria for approval and if it was a genuine and fair agreement for the employees. The Commission examined the procedural fairness of the agreement and whether it was negotiated in good faith. It also evaluated whether the agreement met the requirements under the Fair Work Act, including the protection of employee rights and interests.

The Commission found that the agreement had been negotiated in good faith and was procedurally fair. It also determined that the agreement met the statutory requirements for approval under the Fair Work Act. The Commission considered the terms and conditions of the agreement and concluded that they were fair and reasonable for the employees of the college. The Commission was satisfied that the agreement protected the rights and interests of the employees and provided adequate protections for their working conditions.

The Commission approved the 2022 Collective Enterprise Agreement of the Australian International Islamic College T/A Australian International Islamic College Ltd. The agreement was approved subject to the conditions set out in the order, which included the provision of further information and reporting requirements to ensure ongoing compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established