DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrumbidgee Irrigation Limited
(AG2018/3149)

MURRUMBIDGEE IRRIGATION LIMITED WORKPLACE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Murrumbidgee Irrigation Limited Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Murrumbidgee Irrigation Limited Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murrumbidgee Irrigation Limited. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Community and Public Sector Union and The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 7 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murrumbidgee Irrigation Limited applied to the Fair Work Commission for the approval of their 2018 Workplace Agreement. The applicants, Murrumbidgee Irrigation Limited, sought to have their proposed agreement registered as a registered organisation agreement. The nature of the dispute centred around the terms and conditions of employment contained within the proposed agreement, and whether it met the requirements under the Fair Work Act 2009. The legal issues that the Commission was required to decide included whether the agreement provided for a fair and efficient means of determining pay and conditions, and whether the agreement allowed for a fair and efficient means of resolving disputes. The Commission also needed to determine if the agreement provided for a fair and efficient means of determining the terms and conditions of employment, and whether the agreement contained mandatory terms that were not negotiated in good faith.

The Commission considered the submissions made by both parties and the provisions of the Fair Work Act 2009. The Commission found that the proposed agreement provided for a fair and efficient means of determining pay and conditions, and allowed for a fair and efficient means of resolving disputes. The Commission was satisfied that the agreement provided for a fair and efficient means of determining the terms and conditions of employment, and that the mandatory terms were negotiated in good faith. The Commission was also satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Murrumbidgee Irrigation Limited Workplace Agreement 2018, subject to the terms and conditions set out in the approval. The Commission found that the agreement provided for a fair and efficient means of determining pay and conditions, and allowed for a fair and efficient means of resolving disputes. The Commission was satisfied that the agreement provided for a fair and efficient means of determining the terms and conditions of employment, and that the mandatory terms were negotiated in good faith. The Commission was also satisfied that the agreement met the requirements for approval under the Fair Work Act 2009. The approval is effective from the date of the Commission's decision and will remain in force until it is terminated in accordance with the agreement or the Fair Work Act 2009.

Murrumbidgee 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