Independent Education Union of Australia

[2025] FWCA 2159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2025/1870)

THE WADJA WADJA ABORIGINAL CORPORATION FOR EDUCATION - COLLECTIVE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER HUNT	BRISBANE, 2 JULY 2025

Application for approval of The Wadja Wadja Aboriginal Corporation for Education Collective Enterprise Agreement 2025

The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as The Wadja Wadja Aboriginal Corporation for Education Collective Enterprise Agreement 2025 (the Agreement). The employer covered by the Agreement is Wadja Wadja Aboriginal Corporation for Education trading as Wadja Wadja High School (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 October 2024 and the Agreement was made on 2 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEU regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. For the purpose s.186(3) of the Act, I note that the Agreement covers all of the employees of the Employer.

The IEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2025. The nominal expiry date of the Agreement is 30 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia and The Wadja Wadja Aboriginal Corporation for Education, seeking approval of the proposed Collective Enterprise Agreement 2025. The Union submitted the agreement for consideration, aiming to establish terms and conditions of employment for the employees of the Corporation, which is an Aboriginal Corporation providing educational services.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the procedural fairness provisions and ensuring that the agreement did not have an adverse effect on the employees' safety, health, or welfare. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In deliberating on these issues, the Commission considered various aspects of the agreement, including its provisions on wages, working conditions, dispute resolution mechanisms, and the overall fairness of the terms. The Commission found that the agreement satisfied the necessary legal criteria, as it was negotiated in good faith and did not contain any provisions that would negatively impact the employees' safety, health, or welfare. The Commission concluded that the agreement was fair and reasonable, and approved it under the Fair Work Act 2009.

Consequently, the Commission approved The Wadja Wadja Aboriginal Corporation for Education Collective Enterprise Agreement 2025, and the agreement came into effect as per the terms outlined. This decision ensures that the employees of the Corporation would benefit from the agreed-upon terms and conditions of employment, while also maintaining a fair and balanced relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established