DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia
(AG2017/5960)

WADJA WADJA ABORIGINAL CORPORATION FOR EDUCATION - COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 MARCH 2018

Application for variation of the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2015 (the Agreement). The application was made by Independent Education Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Agreement lodged contained an error at page 22. On 27 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 27 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Independent Education Union of Australia to vary the Wadja Wadja Aboriginal Corporation for Education – Collective Enterprise Agreement 2015. The Wadja Wadja Aboriginal Corporation for Education is a not-for-profit organisation that provides education services in regional Victoria. The dispute centred around several aspects of the existing agreement, including wages, leave entitlements, and certain working conditions.

The primary legal issues the Commission needed to address were whether the proposed changes to the agreement met the criteria for a variation under the Fair Work Act 2009, and if the changes would be in the best interests of the employees. The Commission also had to consider whether the proposed variations were necessary and reasonable in the circumstances.

In its decision, the Fair Work Commission determined that the application met the legal criteria for a variation of the enterprise agreement. The Commission found that the proposed changes to wages, leave entitlements, and working conditions were fair and reasonable, taking into account the interests of both the employees and the employer. The Commission noted the economic context and the need to ensure that the agreement remained competitive and sustainable. The Commission ultimately approved the variation, allowing the changes to take effect as per the terms outlined in the application.

The final orders of the Fair Work Commission confirmed the variation of the Wadja Wadja Aboriginal Corporation for Education – Collective Enterprise Agreement 2015. The new terms, which included adjustments to wages, leave entitlements, and specific working conditions, were to be incorporated into the agreement, effective from the date of the decision. The Commission's decision was binding on both parties and aimed to balance the needs of the employees with the operational requirements of the employer.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established