Goulburn Broken Catchment Management Authority

[2025] FWCA 1940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Goulburn Broken Catchment Management Authority

(AG2025/1516)

GOULBURN BROKEN CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2025-2029

State and Territory government administration
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 11 JUNE 2025

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

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

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

Clause 18.2 of the Agreement, in relation to the withholding of monies may impact employee’s entitlement to receive NES provisions such as accrued annual leave.
Clause 20 of the Agreement, in relation to abandonment, may be less beneficial than the NES due to a cross-referencing error, referring to clause 16 rather than clause 18.
Clause 32.4 of the Agreement, in relation to annual leave, may be less beneficial than clause 20.3(a) of the Award.

However, noting clause 1 of the undertakings given by the Employer (below at Annexure A), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from Wednesday, 18 June 2025. The nominal expiry date of the Agreement is 17 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Goulburn Broken Catchment Management Authority sought approval of an enterprise agreement for the period 2025 to 2029. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements and whether it promoted harmonious, productive, and cooperative workplace relationships.

The Commission considered the provisions of the Fair Work Act 2009 and the principles set out in the case law regarding the approval of enterprise agreements. The key aspects examined included the agreement's coverage of all employees, the negotiation process, and the content of the agreement itself. The Commission found that the agreement had been appropriately negotiated and that it contained provisions that were fair and reasonable in all respects. The proposed agreement included terms for wages, leave entitlements, and other working conditions that were consistent with the statutory requirements and industry standards.

The Commission approved the Goulburn Broken Catchment Management Authority Enterprise Agreement 2025-2029, finding it to be compliant with the necessary legal criteria. The decision recognised the efforts of the parties in reaching an agreement that would promote cooperative workplace relationships. The Commission's approval of the agreement will ensure that the Authority can operate effectively within the framework of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established