DECISION

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

Central Irrigation Pty Ltd - The Trustee for Central Irrigation Trust T/A Central Irrigation Trust
(AG2015/3735)

CIT ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 JULY 2015

Application for approval of the CIT Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CIT Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Irrigation Pty Ltd – The Trustee for Central Irrigation Trust T/A Central Irrigation Trust. The Agreement is a single-enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Central Irrigation Pty Ltd, as trustee for the Central Irrigation Trust, an application was made to the Fair Work Commission for approval of the CIT Enterprise Agreement 2015. The applicant, Central Irrigation Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which provides for the regulation of workplace relations and the approval of enterprise agreements. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether they met the statutory requirements for approval.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions of employment, and whether it met the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreement. Additionally, the court needed to consider whether the agreement complied with the provisions of the Fair Work Act regarding the protection of employee rights and the avoidance of industrial action.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions of employment, and satisfied the 'better off overall test'. The Commission also concluded that the agreement complied with the provisions of the Fair Work Act, including the protection of employee rights and the avoidance of industrial action. Consequently, the Commission approved the CIT Enterprise Agreement 2015.

Central Irrigation Pty Ltd - The Trustee for Central Irrigation Trust T/A Central Irrigation Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established