Islamic College of Brisbane Limited

[2023] FWCA 1253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Islamic College of Brisbane Limited

(AG2023/1107)

ISLAMIC COLLEGE OF BRISBANE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MAY 2023

Application for approval of the Islamic College of Brisbane Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Islamic College of Brisbane Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Independent Education Union (IEU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 10 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Islamic College of Brisbane Limited recently sought approval of a new enterprise agreement in the Fair Work Commission. The agreement, which was proposed to cover teachers and administrative staff at the college, was the subject of negotiation between the college and the teachers' union. The college sought to finalise the agreement in order to provide stability and clarity for its employees and to ensure the continued smooth operation of its educational services.

The primary legal issue the commission was required to address was whether the proposed agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement contained the minimum terms and conditions set out in the relevant award, whether the agreement was made in good faith and whether it provided for proper consultation. Additionally, the commission had to consider whether the agreement was in the best interests of the employees, particularly in terms of their remuneration and working conditions.

In its decision, the commission found that the proposed agreement did meet the necessary legal requirements. The agreement contained all the minimum terms and conditions set out in the relevant award and was made in good faith. The commission was satisfied that there had been proper consultation between the parties and that the agreement was in the best interests of the employees. The commission noted that the agreement provided for reasonable remuneration and working conditions, taking into account the specific needs and circumstances of the college and its staff.

The commission approved the Islamic College of Brisbane Enterprise Agreement 2023, and it will now apply to the teachers and administrative staff at the college. This decision provides certainty and stability for the college and its employees, and ensures that the college can continue to provide high-quality educational services to its students.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established