Mallee Catchment Management Authority Summary

[2018] FWCA 2667

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mallee Catchment Management Authority

(AG2017/5934)

Mallee Catchment Management Authority Enterprise Agreement 2017

State and Territory government administration
Commissioner Wilson	MELBOURNE, 11 MAY 2018

Application for approval of the Mallee Catchment Management Authority Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mallee Catchment Management Authority Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mallee Catchment Management Authority. The Agreement is a single enterprise agreement.

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.

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.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Mallee Catchment Management Authority sought approval for the Mallee Catchment Management Authority Enterprise Agreement 2017. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the relevant legislative provisions. The Commission was tasked with determining whether the agreement was appropriately certified and whether it should be approved.

The central legal issue was whether the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act. This included examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for the approval of an enterprise agreement. The Commission also had to consider whether the agreement had been certified by an independent person in accordance with the Act.

The Fair Work Commission found that the agreement had been appropriately certified and met the minimum requirements set out in the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with all the necessary procedural requirements. The Commission further found that the agreement was made in good faith and was not made for the purposes of undermining the operation of the Act. As a result, the Commission approved the agreement, confirming its validity and enforceability.

The Fair Work Commission approved the Mallee Catchment Management Authority Enterprise Agreement 2017, confirming its compliance with the Fair Work Act and its procedural requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and was not found to be made for the purposes of undermining the operation of the Act. The approval of the agreement ensures its enforceability and sets the terms and conditions of employment for the parties involved.

Mallee Catchment Management Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established