DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Irrigation Limited
(AG2016/8064)

MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 20 MARCH 2017

Application for approval of the Murray Irrigation Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Murray Irrigation Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray Irrigation Limited. 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.

[4] The Australian Workers’ 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.

[5] The Agreement was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 27 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murray Irrigation Limited sought approval of an Enterprise Agreement from the Fair Work Commission. The agreement was intended to govern the employment conditions of the company's employees. The applicants argued that the proposed agreement provided for fair and reasonable terms, whereas the respondents contended that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements for approval. The Commission needed to consider the fairness of the proposed terms and whether they aligned with the objectives of the Fair Work Act. Additionally, the Commission had to ensure the agreement met the criteria for being a genuine enterprise agreement, including being made with appropriate bargaining representatives and covering the necessary scope of employees.

In reaching its decision, the Commission evaluated the submissions from both parties and examined the terms of the proposed agreement. The Commission found that the agreement provided for fair and reasonable terms of employment, taking into account the nature of the industry and the parties' bargaining positions. The Commission concluded that the agreement met the statutory requirements for approval and was a genuine enterprise agreement. Consequently, the Commission approved the Murray Irrigation Limited Enterprise Agreement 2016.

The Fair Work Commission approved the Murray Irrigation Limited Enterprise Agreement 2016, confirming its compliance with the Fair Work Act and its fairness in terms of employment conditions. This decision provides certainty for the company and its employees regarding the terms of their employment.

Murray Irrigation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established