Application by Australian International Islamic College
Citation: [2026] FWCA 1815
What happened
Australian International Islamic College Ltd sought approval for the Australian International Islamic College Collective Enterprise Agreement 2026. The agreement is a single enterprise agreement covering employees. An earlier version of the Notice of Employee Representational Rights was initially issued, but this error did not disadvantage employees. The Independent Education Union of Australia (IEUA) indicated they wished the agreement to cover them.
What was decided
The Fair Work Commission approved the Australian International Islamic College Collective Enterprise Agreement 2026. the Commissioner disregarded a minor procedural error regarding the Notice of Employee Representational Rights, finding employees were not disadvantaged. The Commission noted potential inconsistencies with the National Employment Standards (NES) and provided undertakings to address concerns about deductions from wages at termination and potential breaches of s324/s326. The agreement will operate from 21 July 2026 and expire on 31 December 2029.
What it means for employers
Employers must ensure compliance with section 174(1A) when issuing the Notice of Employee Representational Rights. Clauses relating to deductions from wages at termination should be carefully reviewed to avoid inconsistencies with the National Employment Standards and potential breaches of s324/s326.
What it means for employees
Employees are covered by the Australian International Islamic College Collective Enterprise Agreement 2026, which includes provisions for wage deductions. The agreement prioritises the more beneficial entitlements under the NES where inconsistencies arise.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →