Independent Education Union of Australia

[2022] FWCA 60

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2021/8620)

Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2022

Educational services
COMMISSIONER SIMPSON	BRISBANE, 12 JANUARY 2022

Application for approval of the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia (the Union) and the Wadja Wadja Aboriginal Corporation for Education (the Employer). The Union sought approval for a proposed collective enterprise agreement, the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2022 (the Agreement). The Commission was required to determine whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the Agreement complied with the provisions of the Fair Work Act, specifically whether it was a genuine agreement and whether it contained the necessary good faith bargaining provisions. The Union had to demonstrate that the Agreement was formed without any improper influence or coercion and that it reflected a fair and genuine negotiation process. Additionally, the Commission had to be satisfied that the Agreement contained the prescribed minimum terms and conditions as stipulated by the Act.

The Commission found that the Agreement was genuinely negotiated and not influenced by any improper conduct. It contained the necessary provisions for good faith bargaining and met the statutory requirements for approval. The Commission was satisfied that the Agreement reflected the terms agreed upon by the parties and contained the prescribed minimum terms and conditions. Consequently, the Commission approved the Agreement as meeting the necessary statutory requirements.

The Fair Work Commission approved the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2022 as a genuine agreement and one that satisfied the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established