Murray Irrigation Limited

[2019] FWCA 6110

[2019] FWCA 6110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Murray Irrigation Limited
(AG2019/2681)

MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
DEPUTY PRESIDENT BULL	SYDNEY, 3 SEPTEMBER 2019

Application for approval of the Murray Irrigation Limited Enterprise Agreement 2019.

[1] An application has been filed by Murray Irrigation Limited(the applicant) for the approval of an enterprise agreement known as the Murray Irrigation Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant advised the Commission that employees do not ordinarily work in excess of 10 ordinary hours per day and that the applicant does not currently engage any employees on a shift finishing after midnight and at or before 8:00am. The applicant also advised the Commission that it pays for the cost of first aid training and pays employees for the time spent at first aid training.

[3] In addition, the applicant provided undertakings regarding the following:

•  Pay rates for employees at the MIL1 or MIL2 classification of the Agreement whose rostered shift ends after midnight and before 8:00am;

•  Definition of overtime;

•  Payment of overtime that is the subject of a time off in lieu of overtime (TOIL) agreement between the employer and an employee;

•  Pay rates for Trainees; and

•  Redundancy pay.

[4] The undertakings are attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[5] 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.

[6] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers the organisation. The views of the AWU and the employee bargaining representatives for the Agreement were sought in respect of the undertakings provided by the applicant pursuant to s.190(4) of the Act.

[7] The AWU in their F18 supporting approval of the Agreement noted where they considered the conditions of the Water Industry Award 2010 (the Award) to be superior to the terms of the Agreement. The Commission is satisfied that accepting the AWU’s observations and having regard to the undertakings provided, the identified more beneficial terms of the Agreement, and the higher rates of pay, the Agreement provides that employees are better off overall under the Agreement than the Award.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 3 years from the date of operation of the Agreement.

DEPUTY PRESIDENT

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