DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2019/1733)

THE WADJA WADJA ABORIGINAL CORPORATION FOR EDUCATION - COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2019

Application for approval of the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wadja Wadja Aboriginal Corporation for Education - Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia Queensland and Northern Territory Branch. The Agreement is a single enterprise agreement.

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

[3] The Independent Education Union of Australia (IEU) 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 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia, Queensland and Northern Territory Branch, sought approval of the Wadja Wadja Aboriginal Corporation for Education – Collective Enterprise Agreement 2019. The Wadja Wadja Aboriginal Corporation for Education is an entity established by the Wadja Wadja Aboriginal Corporation, which was formed under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). The agreement was entered into between the Wadja Wadja Aboriginal Corporation for Education as the employer and the union as the employee representative. The union applied for the agreement to be approved as a new agreement, noting that it was an agreement in the special case category, which does not require the agreement to be registered with the Australian Industrial Relations Commission.

The central legal issue the commission had to decide was whether the agreement was a genuine agreement. A genuine agreement requires that the agreement must be in writing, and it must be an agreement between employers and employees. The commission considered the requirements of section 183 of the Fair Work Act 2009 (Cth) and whether the agreement was a genuine agreement between the employer and employees. The commission also had to determine if the agreement met the requirements of section 235 of the Fair Work Act 2009 (Cth) and was a "special case agreement".

The commission determined that the agreement was a genuine agreement and that the parties had entered into the agreement voluntarily and without duress. The commission found that the agreement was an agreement in the special case category, as the employer was an Aboriginal corporation, and the agreement was entered into for the benefit of the Aboriginal community. The commission considered that the agreement met the requirements of section 235 of the Fair Work Act 2009 (Cth) and was a "special case agreement". The commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for the employees.

The commission ordered that the agreement be approved as a new agreement, effective from 1 April 2019. The commission also ordered that the agreement be registered with the Fair Work Commission and published on the Fair Work Commission's website. The commission noted that the agreement was an agreement in the special case category and that it met the requirements of section 235 of the Fair Work Act 2009 (Cth). The commission considered that the agreement was a genuine agreement and that it provided for fair and reasonable terms and conditions for the employees.

Independent Education Union of Australia – Queensland and Northern Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established