DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Broken Catchment Management Authority
(AG2020/3333)

GOULBURN BROKEN CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2020 - 2024

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Goulburn Broken Catchment Management Authority Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Broken Catchment Management Authority Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Broken Catchment Management Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 19 November 2020, the Applicant filed an amended signature page providing the employee representatives authority to sign the Agreement. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 18 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Goulburn Broken Catchment Management Authority, an entity established under the Catchment Management Act 1997 (Vic), sought approval of the Goulburn Broken Catchment Management Authority Enterprise Agreement 2020 - 2024. This agreement was intended to regulate the terms and conditions of employment for employees covered by the agreement, specifically those in the Australian Services Union, National Tertiary Education Union and Professional Association of Teachers. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth).

The primary legal issues for the Commission to consider were whether the agreement was appropriately certified, if it contained any provisions that were unlawful or otherwise unfair, and if the agreement had been negotiated in good faith. The Commission needed to ensure the agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009 (Cth). The Commission was also required to consider whether the agreement promoted harmonious, productive and cooperative workplace relationships.

The Commission found that the agreement had been appropriately certified and contained no unlawful or unfair provisions. The Commission also found that the agreement had been negotiated in good faith. The Commission approved the agreement, finding that it promoted harmonious, productive and cooperative workplace relationships. The Commission made an order approving the agreement and it came into effect on 1 July 2020.

Goulburn Broken 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