Murray Irrigation Limited

[2013] FWCA 9877

[2013] FWCA 9877

FAIR WORK COMMISSION

DECISION

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

Murray Irrigation Limited
(AG2013/10044)

MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER MCKENNA	SYDNEY, 16 DECEMBER 2013

Application for approval of the Murray Irrigation Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Murray Irrigation Limited Enterprise Agreement 2013 (“the Agreement”). The application has been made by Murray Irrigation Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application has been the subject of proceedings on a number of occasions, given some of the complexities arising from issues concerning the rates in the Agreement and the better off overall test. While there were a number of employee bargaining representatives involved in the negotiation of the Agreement, the principal advocates in the proceedings have been The Australian Workers’ Union (“the AWU”) and the applicant’s representative, First IR Pty Ltd (“the principal advocates”). It is common ground between the principal advocates there is no modern award that relevantly arises as a comparator reference instrument. As a result of discussion between the principal advocates, a Joint Statement was lodged on 10 December 2013 in relation to the application.

[3] The transitional rates that relevantly arise as comparator rates for the purpose of assessing the Agreement may be amenable to more than one interpretation. I am prepared, however, to proceed on the basis of the consent position put by the principal advocates in the Joint Statement, being a statement made against the background of earlier written and oral submissions in the proceedings.

[4] The applicant has otherwise provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view. For its part, the AWU concurs with the content of the undertakings and has also given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[5] Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[6] I am satisfied the provisions of ss.186, 187 and 188 of the Act relevant to this application for approval have been met. The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is two years thereafter.

COMMISSIONER

Annexure A

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