DECISION

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

Queensland Institute of Business and Technology Pty Ltd T/A QIBT
(AG2015/1057)

QUEENSLAND INSTITUTE OF BUSINESS AND TECHNOLOGY PTY LTD ENTERPRISE AGREEMENT 2015-2018

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 3 JULY 2015

Application for approval of the Queensland Institute of Business and Technology Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Institute of Business and Technology Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Institute of Business and Technology Pty Ltd T/A QIBT. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 December 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Queensland Institute of Business and Technology Pty Ltd, trading as QIBT, which sought approval of its Enterprise Agreement 2015-2018. The application was lodged with the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement contained all the mandatory terms prescribed by the Act and whether it was fairly negotiated. The Commission was tasked with reviewing the agreement to ensure it complied with legal requirements and provided a fair framework for employees.

The primary legal issues addressed by the Commission were whether the agreement encompassed all mandatory terms as stipulated by the Fair Work Act and whether it was the product of genuine bargaining. The Commission examined the contents of the agreement, including wages, hours of work, and other conditions of employment, to ascertain if these elements were covered. Additionally, the Commission assessed the process through which the agreement was negotiated to confirm that it was not the result of any improper influence or coercion, ensuring that the agreement reflected a fair and genuine bargain between the employer and the employees.

In rendering its decision, the Commission meticulously reviewed the contents of the Enterprise Agreement, confirming that all mandatory terms were indeed included. The Commission also evaluated the negotiation process and found it to be free from any undue influence, thereby satisfying the genuine bargaining requirement. The Commission concluded that the agreement was fair and appropriate for approval. It found that the agreement provided a comprehensive and balanced framework for the employment conditions of the parties involved and was consistent with the objectives of the Fair Work Act. The Commission approved the Enterprise Agreement 2015-2018, deeming it compliant with all legal requirements.

The Fair Work Commission's final order was to approve the Queensland Institute of Business and Technology Pty Ltd Enterprise Agreement 2015-2018. This decision affirmed the agreement as a valid and enforceable framework for the employment conditions of the parties, ensuring that it met all statutory requirements and was the result of genuine negotiations. The approval signified that the agreement provided a fair and balanced set of terms and conditions for the employees, in compliance with the principles of the Fair Work Act.

Queensland Institute of Business and Technology Pty Ltd T/A QIBT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established