Mallee Catchment Management Authority Summary

[2021] FWCA 6710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallee Catchment Management Authority
(AG2021/8115)

MALLEE CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2021

State and Territory government administration
COMMISSIONER MIRABELLA	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Mallee Catchment Management Authority Enterprise Agreement 2021

[1] The Mallee Catchment Management Authority (the Employer) has made an application for approval of an enterprise agreement known as the Mallee Catchment Management Authority Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] I observe that clause 22.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 November 2021 and, in accordance with s. 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Mallee Catchment Management Authority, which sought approval for its 2021 Enterprise Agreement. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The Authority applied for the approval of the agreement, which governs the employment conditions of its workers. The legal issues that needed to be addressed involved the compliance of the agreement with the Fair Work Act 2009 and its fairness to the employees it covers.

The court examined whether the agreement met the criteria for approval as set out in the Fair Work Act. This included considering whether the agreement was negotiated in good faith, whether it covered all the required bargaining units, and whether it included the necessary minimum terms and conditions. The court also had to determine if the agreement was fair and reasonable, taking into account factors such as whether it provided for appropriate protections and entitlements for employees, and whether it was free from any coercive practices.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement was appropriately negotiated and covered all relevant bargaining units. The court also concluded that the agreement provided for fair and reasonable terms and conditions, and did not contain any provisions that would be detrimental to the employees. As a result, the Commission approved the 2021 Enterprise Agreement, allowing it to come into effect.

The Fair Work Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions of the workers in the Mallee Catchment Management Authority. The approval of the agreement signified the Commission's satisfaction that it met the necessary legal requirements and provided fair terms and conditions for the employees.

Mallee Catchment Management Authority

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established