East Preston Islamic College Limited T/A East Preston Islamic College
[2023] FWCA 2721
•25 AUGUST 2023
| [2023] FWCA 2721 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
East Preston Islamic College Limited T/A East Preston Islamic College
(AG2023/2688)
EAST PRESTON ISLAMIC COLLEGE ENTERPRISE AGREEMENT 2023-2025
| Educational services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 25 AUGUST 2023 |
Application for approval of the East Preston Islamic College Enterprise Agreement 2023-2025
An application has been made for approval of an enterprise agreement known as the East Preston Islamic College Enterprise Agreement 2023-2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by East Preston Islamic College Limited T/A East Preston Islamic College. The Agreement is a single-enterprise agreement.
The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[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. For the purposes of the better off overall test, I note that I have had regard where relevant to s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.
[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023
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