DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Broken Catchment Management Authority
(AG2016/7764)

GOULBURN BROKEN CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2016-2020

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Goulburn Broken Catchment Management Authority Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Broken 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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 16 February 2017 and, in accordance with s.54, will operate from 23 February 2017. The nominal expiry date of the Agreement is 20 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Goulburn Broken Catchment Management Authority sought approval of the Enterprise Agreement 2016-2020. The application was made in accordance with section 234 of the Fair Work Act 2009, which requires the Commission to ensure that the agreement provides for, amongst other things, a fair and efficient system for resolving disputes between the parties. The respondents, who opposed the application, included the National Tertiary Education Union and other employee representatives.

The central legal issues that the Commission needed to address were whether the agreement contained all the terms required by law, including minimum terms, and whether it was otherwise compliant with the Fair Work Act. This involved scrutinising the provisions regarding wages and conditions, dispute resolution mechanisms, and procedural fairness, among other elements. The Commission also considered the views of the parties and any relevant evidence presented during the hearing.

After a comprehensive review, the Commission found that the Enterprise Agreement was generally compliant with the Fair Work Act. The agreement included all the required minimum terms and provided for a fair and efficient system for resolving disputes. While some minor issues were identified, they did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement, subject to the minor amendments necessary to address the identified issues. The approval was made under section 235 of the Fair Work Act.

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