DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

East Preston Islamic College Limited T/A East Preston Islamic College
(AG2015/5381)

EAST PRESTON ISLAMIC COLLEGE ENTERPRISE AGREEMENT 2015-2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 OCTOBER 2015

Application for approval of the East Preston Islamic College Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the East Preston Islamic College Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Independent Education Union of Australia (Victoria Tasmania Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, East Preston Islamic College Limited trading as East Preston Islamic College, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, proposed by the college, governs the terms and conditions of employment for its teaching and non-teaching staff. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly the criteria for being a "new agreement" and the "better off overall test" (BOOT). The application was heard in the Fair Work Commission, which is the Australian federal workplace relations tribunal.

The legal issues before the Commission were whether the proposed enterprise agreement was a "new agreement" as defined in the Fair Work Act and whether it satisfied the BOOT. A "new agreement" is one that has not been made under a previous agreement or an existing enterprise agreement. Additionally, the agreement had to demonstrate that employees would be no worse off and at least some employees would be better off financially or in terms of other conditions compared to their previous entitlements. The Commission needed to determine if the proposed agreement achieved these legal standards.

In its decision, the Commission found that the proposed agreement was indeed a "new agreement" as it did not derive from any prior collective agreement or existing enterprise agreement. Furthermore, the Commission concluded that the agreement satisfied the BOOT, as it provided employees with improved conditions in various aspects, such as pay rates, allowances, and other benefits. These improvements ensured that no employee would be worse off and at least some would be better off overall. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the East Preston Islamic College Enterprise Agreement 2015-2018, confirming it met the statutory criteria for a new agreement and the better off overall test. The approved agreement will now govern the employment terms for the college's staff during the specified period.

East Preston Islamic College Limited T/A East Preston 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