DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Islamic College Of Brisbane Limited T/A Islamic College Of Brisbane
(AG2019/1630)

ISLAMIC COLLEGE OF BRISBANE LTD ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER HUNT	BRISBANE, 26 JUNE 2019

Application for approval of the Islamic College of Brisbane Ltd Enterprise Agreement 2019

[1] The Islamic College of Brisbane Limited T/A Islamic College of Brisbane has applied for approval of an enterprise agreement known as the Islamic College of Brisbane Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Independent Education Union of Australia (IEUA), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the IEUA.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is three years from the date the Agreement commences to operate.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Islamic College of Brisbane Limited, trading as the Islamic College of Brisbane, which applied for the approval of their Enterprise Agreement 2019. The Fair Work Commission was the forum for this application, as it is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The application came before the Commission with a focus on whether the agreement complied with the statutory requirements and if it was made in good faith and without coercion, as mandated by the Act.

The legal issues the Commission had to decide included whether the agreement satisfied the procedural prerequisites for approval, such as being in writing, providing for a method of resolving disputes, and meeting the good faith and no-coercion criteria. The Commission also had to consider whether the agreement provided for terms and conditions that were fair and reasonable and if it was negotiated genuinely. Additionally, the Commission examined whether the agreement contained any terms that were inconsistent with the national workplace relations system or any other relevant legislation.

The Commission, after considering the evidence and submissions, found that the Islamic College of Brisbane Limited Enterprise Agreement 2019 met the statutory requirements. The agreement was determined to have been made in good faith and without coercion, as evidenced by the negotiation process and the absence of any undue influence. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, and it did not contain any terms that were inconsistent with the national workplace relations system. The Commission approved the agreement, noting the importance of such agreements in establishing fair and effective workplace relations between employers and employees.

Islamic College Of Brisbane Limited T/A Islamic College Of Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established