Corangamite Catchment Management Authority

[2025] FWCA 2946

[2025] FWCA 2946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Corangamite Catchment Management Authority

(AG2025/2895)

CORANGAMITE CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2025-2029

State and Territory government administration
COMMISSIONER REDFORD	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of the Corangamite Catchment Management Authority Enterprise Agreement 2025-2029

1. An application has been made for approval of an enterprise agreement known as the Corangamite Catchment Management Authority Enterprise Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corangamite Catchment Management Authority (CCMA). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with CCMA in relation to its application, it has provided written undertakings, a copy of which are 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. 

1. The undertakings have the effect of increasing rates of pay in respect to several classifications in the Agreement.

Interaction with the National Employment Standards

1. Clause 3(c) of the Agreement provides that if there is an inconsistency between the agreement and the National Employment Standards (NES) to the detriment of an employee, the NES will prevail (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Parental Leave – Clause 41.7(a)

b.Carer’s leave notice – Clause 37.5(c)

c.Unpaid carer’s leave – Clauses 37.6 and 37.7

d.Termination (deductions) – Clause 35.4(a)

e.Termination – Clause 14.1(e)

f.Family and domestic violence leave – Clause 43.2

Consideration

1. 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.

1. The Australian Services Union (ASU) 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 ASU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A