Coleambally Irrigation Cooperative Ltd
[2024] FWCA 1455
•19 APRIL 2024
| [2024]FWCA 1455 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Coleambally Irrigation Cooperative Ltd
(AG2024/868)
COLEAMBALLY IRRIGATION CO-OPERATIVE LIMITED ENTERPRISE AGREEMENT 2024
| Water, sewerage, and drainage services industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 19 APRIL 2024 |
Application for approval of the Coleambally Irrigation Co-operative Limited Enterprise Agreement 2024
Introduction
Coleambally Irrigation Cooperative Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coleambally Irrigation Co-operative Limited Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 7 December 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 14 March 2024.
Work on weekends and public holidays
The Commission raised concerned with the Employer that employees who perform work on weekends and public holidays may not be better off overall under the Agreement compared to the Award.
The Employer provided information including rosters about the patterns and type of work which are reasonably foreseeable. This included a roster during the period from the week ending 25 April 2023 to the week ending 9 April 2024 for a Channel Technician (CT). The Employer submitted that across the watering season, which fluctuates but is approximately 9-10 months, CTs are on an on-call roster. The roster showed a specific employee being on call 16 Saturdays, 16 Sundays and a number of public holidays over the course of approximately one year.
The Employer submitted that the hours worked by the sample employee during the call-outs is typical, although there is one incident recorded where this particular employee worked 11 hours on the one call out which is unusual. However overall the employee’s schedule is, the Employer submits, a reliable example of the patterns and type of work which are reasonably foreseeable.
The Employer submits that for the maintenance department, the maintenance crews are put on an on-call roster for just one pay period per year over the annual shut-down and provided a copy of a recent roster. The roster shows that the on-call periods are shared between five staff members.
The Employer also provided information in relation to the typical pattern of work performed by TCC Operators who are responsible for monitoring systems and alarms. The Employer submitted that these employees monitor the system on-call and respond to alarms but do not actually attend the workplace. The calculations provided by the Employer showed that the flat rate allowance paid to TCC Operators under the Agreement provided a more favourable outcome for employees than overtime payments under the Award.
I accept that the patterns of work described by the Employer in its submissions are reasonably foreseeable in relation to work on weekends and public holidays and that each award covered employee, and each reasonably foreseeable employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2024. The nominal expiry date of the Agreement is 19 April 2026.
DEPUTY PRESIDENT
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