Goulburn Broken Catchment Management Authority

[2014] FWCA 3329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Broken Catchment Management Authority
(AG2014/5692)

GOULBURN BROKEN CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2013-2016.

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 21 MAY 2014

Application for approval of the Goulburn Broken Catchment Management Authority Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Broken Catchment Management Authority Enterprise Agreement 2013-2016 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2014. The nominal expiry date of the Agreement is 20 August 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Goulburn Broken Catchment Management Authority sought approval for the Enterprise Agreement 2013-2016. The dispute centred around whether the agreement met the necessary criteria for certification and approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was genuinely bargained, free from improper influence or coercion, and complied with minimum terms and conditions.

The primary legal issues the Commission addressed were whether the agreement had been fairly negotiated and whether it contained terms that met the minimum standards prescribed by the Fair Work Act. Additionally, the Commission examined whether the agreement provided for the proper classification of employees and if it included adequate protections for employee rights and entitlements.

The Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. The evidence presented indicated that the agreement was free from any improper influence or coercion. Furthermore, the Commission was satisfied that the agreement appropriately classified employees and provided adequate protections for their rights and entitlements. Consequently, the Commission approved the Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Goulburn Broken Catchment Management Authority Enterprise Agreement 2013-2016, certifying it as meeting the requirements of the Fair Work Act. This decision ensures that the agreement is legally binding and enforceable for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established