Islamic College of Brisbane Limited

Case

[2023] FWCA 1253

3 MAY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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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