DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenelg Hopkins Catchment Management Authority
(AG2020/539)

GLENELG HOPKINS CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2020-2021

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2020

Application for approval of the Glenelg Hopkins Catchment Management Authority Enterprise Agreement 2020-2021

[1] Glenelg Hopkins Catchment Management Authority has made an application for approval of an enterprise agreement known as the Glenelg Hopkins Catchment Management Authority Enterprise Agreement 2020-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 27 March 2020 and, in accordance with s 54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507593 PR717860>
Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Glenelg Hopkins Catchment Management Authority (Authority) for approval of the Enterprise Agreement 2020-2021. The dispute involved the terms and conditions of employment for certain employees of the Authority, specifically those covered by the proposed enterprise agreement. The Authority sought the Commission's approval under the Fair Work Act 2009 to ensure the agreement's terms would be legally enforceable. The primary issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. This included ensuring that the agreement was free from any unfair content, provided for appropriate minimum terms and conditions, and was consistent with the statutory safety net.

The Commission examined various aspects of the proposed agreement, including wage rates, penalty rates, allowances, leave provisions, and other employment conditions. The Authority argued that the agreement was fair and reasonable, taking into account the specific circumstances of its employees and the operational needs of the organisation. The Commission considered submissions from the Authority and relevant stakeholders, including employee representatives. The legal analysis focused on whether the agreement provided a safety net that was not less favourable than the applicable award or registered agreement and whether it contained terms that were not contrary to the principles of the Act, such as the prohibition against unfair discrimination.

After reviewing the evidence and submissions, the Commission concluded that the proposed agreement met the requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and other entitlements. The Commission found that the agreement did not contain any unfair content and provided a safety net that was consistent with the statutory protections. Accordingly, the Fair Work Commission approved the Glenelg Hopkins Catchment Management Authority Enterprise Agreement 2020-2021. The final orders included the approval of the agreement, which would now be legally binding on the parties involved.

Glenelg Hopkins Catchment Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established