DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workers Educational Association Illawarra T/A WAE Illawarra
(AG2019/4986)

WEA ILLAWARRA ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MARCH 2020

Application for approval of the WEA Illawarra Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the WEA Illawarra Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 March 2020. The nominal expiry date of the Agreement is 11 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Workers Educational Association Illawarra T/A WAE Illawarra applied to the Fair Work Commission for approval of their Enterprise Agreement 2019. The applicant is an employer that provides adult education services and the respondent represents the employees in dispute over the proposed agreement. The Commission was required to determine whether the agreement met the legal criteria for approval, including the process by which it was made and whether it provided for minimum terms and conditions of employment.

The central issue before the Commission was whether the Enterprise Agreement 2019 was made in accordance with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to examine the process through which the agreement was negotiated and whether the parties had complied with procedural fairness. Additionally, the Commission had to ensure that the agreement provided for minimum terms and conditions as stipulated in the Act.

The Commission found that the agreement had been made in accordance with the relevant legislative requirements. The process of negotiation was deemed to be fair, and the parties had engaged in good faith bargaining. The Commission was satisfied that the agreement met all the necessary criteria for approval, including the provision of minimum terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement 2019, recognising its validity and enforceability.

The Fair Work Commission approved the Workers Educational Association Illawarra T/A WAE Illawarra Enterprise Agreement 2019, confirming its compliance with the Fair Work Act 2009. The Commission determined that the agreement was made through a fair negotiation process and provided for the minimum terms and conditions of employment. This decision legally binds the parties to the terms of the agreement, ensuring a clear framework for their employment relationship.

Workers Educational Association Illawarra T/A WAE Illawarra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established