East Preston Islamic College Limited T/A East Preston Islamic College Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

East Preston Islamic College Limited, trading as East Preston Islamic College, applied to the Fair Work Commission for approval of its Enterprise Agreement 2023-2025. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement which had been negotiated between the College and its employees' representative. The dispute centred around the terms and conditions of employment for staff at the College, including wages, hours of work, leave provisions, and other employment-related matters. The Fair Work Commission, led by Commissioner Cowin, was tasked with determining whether the proposed agreement met the legal requirements for approval and whether it was in the best interests of the employees.

The primary legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations, particularly regarding the fairness and reasonableness of the proposed terms. The Commission had to ensure that the agreement did not undermine the minimum standards set by the National Employment Standards and the relevant awards, and that it provided for genuine bargaining and proper disclosure of information. The Court also needed to determine if the agreement had been made in good faith and without coercion.

The Commission found that the Enterprise Agreement 2023-2025 was fair and reasonable, meeting all legal requirements for approval. Commissioner Cowin concluded that the agreement provided for fair terms and conditions of employment, including appropriate wage rates, leave entitlements, and other conditions that were consistent with the minimum standards under the Fair Work Act. The Commission approved the agreement, recognising it as a genuine outcome of bargaining between the parties and in the best interests of the employees. The Court's decision was based on the comprehensive evidence presented, which demonstrated that the agreement was the result of genuine negotiations and was fair and reasonable.

The Fair Work Commission approved the East Preston Islamic College Enterprise Agreement 2023-2025, effective from the date of the decision. This decision ensures that the employees of the College will be covered by the terms of the approved agreement, providing them with a clear understanding of their employment conditions for the next three years.

East Preston Islamic College Limited T/A East Preston Islamic College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established