DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Preston Islamic College Limited
(AG2019/4865)

EAST PRESTON ISLAMIC COLLEGE ENTERPRISE AGREEMENT 2020 - 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JANUARY 2020

Application for approval of the East Preston Islamic College Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the East Preston Islamic College Enterprise Agreement 2020 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Preston Islamic College Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 20 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

East Preston Islamic College Limited applied to the Fair Work Commission for approval of the East Preston Islamic College Enterprise Agreement 2020-2022. The application was opposed by the Australian Education Union, which argued that the agreement did not comply with certain legislative requirements. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and should be approved.

The court was required to decide whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the content and process of enterprise agreements. The key issues included whether the agreement met the requirements for good faith bargaining and if it contained the necessary terms and conditions as stipulated by the Act. Additionally, the court needed to consider whether the agreement unfairly disadvantaged any employees.

In delivering its decision, the Fair Work Commission examined the bargaining process and the content of the agreement. It found that the bargaining process was conducted in good faith and that the agreement contained all the necessary terms and conditions as required by the Fair Work Act 2009. The court concluded that the agreement did not unfairly disadvantage any employees and met all legislative requirements. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the East Preston Islamic College Enterprise Agreement 2020-2022, finding it to be compliant with the Fair Work Act 2009 and meeting all necessary standards. The agreement was deemed to have been reached through good faith bargaining and contained all required terms and conditions.

East Preston Islamic College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established