Independent Education Union of Australia

[2025] FWCA 2159

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 
   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

<AE529539  PR788774>

Annexure A – Undertakings