DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Islamic College of Brisbane Ltd
(AG2015/7628)

ISLAMIC COLLEGE OF BRISBANE LTD COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2016

Application for approval of the Islamic College of Brisbane Ltd Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Islamic College of Brisbane Ltd Collective Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Islamic College of Brisbane Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2016. The nominal expiry date of the Agreement is 28 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Islamic College of Brisbane Limited sought approval of a collective enterprise agreement with its teachers. The application was made to the Fair Work Commission. The central issue before the court was whether the agreement complied with the Fair Work Act 2009, particularly in relation to provisions concerning casual employees. The court had to determine if the agreement met the legislative requirements and whether any terms were unfair or contrary to public policy.

The court examined the agreement clause by clause, focusing on the treatment of casual employees. It found that while the agreement contained some provisions that were not consistent with the legislative framework, these could be severed without altering the essence of the agreement. The court also considered whether the agreement's terms were fair and did not contravene public policy, ultimately concluding that the agreement could be approved with some modifications. The court made orders approving the collective enterprise agreement subject to specific changes, ensuring compliance with the Act.

The approved agreement included modifications to the provisions affecting casual employees to align with the statutory requirements. These modifications were aimed at ensuring the agreement's fairness and legality while preserving its overall purpose. The court's decision allowed the Islamic College of Brisbane Limited and its teachers to proceed with the approved collective enterprise agreement, subject to the stipulated changes. This outcome facilitated the implementation of the agreement, providing a legally compliant framework for employment terms between the college and its staff.

Islamic College of Brisbane Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established