DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallee Catchment Management Authority
(AG2015/4059)

MALLEE CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 21 AUGUST 2015

Application for approval of the Mallee Catchment Management Authority Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mallee Catchment Management Authority Enterprise Agreement 2015 (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.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking 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 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 28 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Mallee Catchment Management Authority Enterprise Agreement 2015. This agreement, proposed between the Mallee Catchment Management Authority and its employees, sought to set out the terms and conditions of employment for the employees covered by the agreement. The dispute centred around whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the proposed agreement complied with the procedural requirements of the Fair Work Act and whether it contained terms that were in the best interests of the employees it covered. This included an examination of whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unfair provisions that could undermine the employees' rights or protections.

In considering the application, the Commission assessed the procedural fairness of the agreement, including whether appropriate consultation had taken place and whether the agreement had been properly negotiated. The Commission also evaluated the substantive terms of the agreement, focusing on aspects such as pay rates, leave entitlements, and other working conditions. The Commission found that the proposed agreement had been negotiated in good faith and met the legal criteria for approval, including the provision of fair and reasonable terms and conditions for the employees. The Commission approved the agreement, noting its compliance with the relevant legislative requirements and its alignment with the principles of fair work.

The Commission's decision was to approve the Mallee Catchment Management Authority Enterprise Agreement 2015, thereby confirming its validity and enforceability under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement will apply to the employees covered by it, providing a framework for their employment relationship.

Mallee 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