DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenelg Hopkins Catchment Management Authority
(AG2016/5300)

GLENELG HOPKINS CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2016-2020

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Glenelg Hopkins Catchment Management Authority Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Glenelg Hopkins Catchment Management Authority Enterprise Agreement 2016-2020. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenelg Hopkins Catchment Management Authority. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Glenelg Hopkins Catchment Management Authority was the applicant in this case, seeking approval for the Enterprise Agreement 2016-2020. The agreement in question was between the Authority and the Water Catchment Management Employees Union, which represented certain employees. The dispute centred on whether the proposed agreement complied with relevant industrial legislation and was in the best interests of the employees and the Authority. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issues before the Commission involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for a modern award, such as addressing all mandatory terms and conditions and not including terms that would undermine the operation of a modern award. Furthermore, the Commission assessed whether the agreement was in the best interests of the employees and the Authority, considering various factors, including the nature of the work, the economic circumstances, and the views of the employees and the employer.

In delivering its decision, the Commission examined the terms of the proposed agreement, finding that it adhered to the requirements of a modern award and did not include terms that would undermine the operation of a modern award. The Commission considered the views of the employees and the Authority, as well as the economic circumstances, and concluded that the agreement was in the best interests of both parties. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work and the specific circumstances of the Authority and its employees.

The Fair Work Commission approved the Enterprise Agreement 2016-2020 between the Glenelg Hopkins Catchment Management Authority and the Water Catchment Management Employees Union. The decision highlighted that the agreement met all necessary legal requirements and was in the best interests of both the employees and the employer. The approved agreement would now serve as the basis for employment conditions within the Authority for the specified period.

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