DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray-Darling Basin Authority
(AG2017/2273)

MURRAY-DARLING BASIN AUTHORITY ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 3 JULY 2017

Application for approval of the Murray-Darling Basin Authority Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Murray-Darling Basin Authority Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Murray-Darling Basin Authority. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 10 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Murray-Darling Basin Authority (MDBA) sought approval for the Murray-Darling Basin Authority Enterprise Agreement 2017-2020 from the Fair Work Commission (FWC). The Fair Work (Registered Organisations) Act 2009 mandates that the FWC must approve such agreements before they can be enforced. The MDBA argued that the agreement was fair and reasonable and that the FWC should approve it. The Australian Council of Trade Unions (ACTU) and the Australian Public Service Association (APSU) opposed the approval, arguing that the agreement was unfair and unreasonable.

The FWC had to decide whether the MDBA Enterprise Agreement 2017-2020 was fair and reasonable. The FWC examined the agreement's provisions, including the wages, conditions, and benefits provided to the employees. The FWC also considered the arguments of the MDBA, the ACTU, and the APSU. The FWC found that the agreement was fair and reasonable and should be approved.

The FWC approved the Murray-Darling Basin Authority Enterprise Agreement 2017-2020, finding it to be fair and reasonable. The FWC considered the agreement's provisions, including the wages, conditions, and benefits provided to the employees, and found that they were fair and reasonable. The FWC also considered the arguments of the MDBA, the ACTU, and the APSU and found that the agreement was fair and reasonable. The FWC approved the agreement and it is now enforceable.

Murray-Darling Basin Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established