DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2014/8366)

WADJA WADJA ABORIGINAL CORPORATION FOR EDUCATION - COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 DECEMBER 2014

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

[1] An application has been made for approval of a single enterprise agreement known as the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2015 before the Fair Work Commission (FWC). The agreement pertained to a number of issues including remuneration, conditions of employment, and provisions for professional development. The Wadja Wadja Aboriginal Corporation for Education, which operates independent schools, argued that the agreement should be approved as it had been negotiated in good faith and reflected the needs of the employees.

The FWC was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009, specifically regarding the process by which the agreement was formed and whether it contained the necessary minimum terms and conditions. The key issue was whether the agreement had been genuinely negotiated between the parties and whether it contained all the required minimum terms.

The FWC found that the agreement had been negotiated in good faith and contained all the necessary minimum terms. The union had provided evidence of the negotiation process, and the terms of the agreement reflected the unique circumstances of the employees and the employer. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and was therefore approved the agreement.

The Fair Work Commission approved the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2015, finding it met the requirements of the Fair Work Act 2009. The agreement was to be registered and would apply to the employees of the corporation from the date of approval.

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