Murray-Darling Basin Authority

[2024] FWCA 1095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murray-Darling Basin Authority

(AG2024/785)

MURRAY–DARLING BASIN AUTHORITY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2024

Application for approval of the Murray–Darling Basin Authority Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Murray–Darling Basin Authority Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray-Darling Basin Authority. The Agreement is a single enterprise agreement.

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.

The Community and Public Sector Union (CPSU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Murray-Darling Basin Authority sought approval of the Murray–Darling Basin Authority Enterprise Agreement 2024-2027. The dispute arose under the Fair Work Act 2009 and was heard in the Federal Circuit and Family Court of Australia. The Authority argued that the agreement, which had been negotiated in good faith, should be approved and registered as a registered agreement. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act.

The court was required to determine whether the enterprise agreement was in compliance with the Act, particularly considering provisions related to good faith negotiations, employee representation, and the public interest. A key issue was whether the agreement's terms were fair and reasonable in all respects, including provisions relating to wages, hours of work, and other conditions of employment. The Authority had to demonstrate that the agreement had been negotiated in good faith and that it balanced the interests of both employees and the Authority.

The court examined the evidence and submissions from both parties, focusing on the negotiation process and the substantive terms of the agreement. The Authority presented detailed evidence of the negotiation process, highlighting the extensive consultation with employee representatives and the consideration of various proposals. The court found that the agreement was negotiated in good faith and that it was fair and reasonable in all respects. The court approved the agreement, noting the Authority's commitment to balancing the needs of the workforce with the operational requirements of the organisation.

The final orders of the court included the approval and registration of the Murray–Darling Basin Authority Enterprise Agreement 2024-2027. The agreement was to be registered as a registered agreement under the Fair Work Act, effective from the date of the court's approval. The court's decision confirmed the Authority's ability to implement the agreement, providing certainty for both the Authority and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established