DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3076)

AUSTRALIAN INTERNATIONAL ISLAMIC COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER GREGORY	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Australian International Islamic College Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian International Islamic College Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Industrial Relations Commission of New South Wales presided over an application by the Independent Education Union of Australia to approve the Australian International Islamic College Collective Enterprise Agreement 2019. The application arose after negotiations between the union and the college's employer, resulting in a proposed enterprise agreement. The union sought the commission's approval for this agreement, which would govern the terms and conditions of employment for the college's staff.

The legal issues before the commission included whether the proposed agreement met the statutory requirements for approval under the relevant industrial relations legislation. Specifically, the commission had to determine if the agreement provided for the minimum entitlements of employees, ensured procedural fairness, and complied with any applicable awards or registered agreements. Additionally, the commission needed to consider if the agreement had been genuinely negotiated and if it met the "better off overall test" to ensure employees were not worse off under the new agreement.

The commission found that the proposed agreement satisfied all necessary legal criteria. It provided for minimum entitlements, procedural fairness, and did not adversely affect employees' terms and conditions. The commission was satisfied that the agreement was genuinely negotiated and met the better off overall test, ensuring employees would not be worse off. Consequently, the commission approved the Australian International Islamic College Collective Enterprise Agreement 2019, deeming it to be in the best interest of the employees involved.

The final orders of the commission were that the proposed agreement be approved and registered as a valid enterprise agreement under the relevant industrial relations legislation, effective from the date of the commission's decision. This approval formalised the agreement as a binding contract between the college and the union, governing the employment terms for the college's staff.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established