Murrumbidgee Irrigation Ltd Summary

[2022] FWCA 3185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murrumbidgee Irrigation Ltd

(AG2022/3390)

Murrumbidgee Irrigation Limited Enterprise Agreement 2022

Water, sewerage and drainage services
COMMISSIONER MATHESON	SYDNEY, 13 SEPTEMBER 2022

Application for approval of the Murrumbidgee Irrigation Limited Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Murrumbidgee Irrigation Limited Enterprise Agreement 2022 (Agreement). The application was made by Murrumbidgee Irrigation Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will commence from 7 December 2022. The nominal expiry date of the Agreement is 13 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murrumbidgee Irrigation Limited has applied for the approval of its enterprise agreement for 2022, under section 185 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the legislative requirements for approval, and whether it should be approved as a registered agreement. The application was initially accompanied by an incomplete signature page, which was later corrected, prompting the Commission to consider whether to waive the procedural irregularity. Additionally, the Commission examined whether certain provisions of the agreement might conflict with the National Employment Standards and whether the employer's undertakings would result in financial detriment to employees or significant changes to the agreement.

The Commission found that certain provisions of the agreement might be inconsistent with the National Employment Standards, but was satisfied that the more beneficial entitlements of the NES would prevail where there was a conflict. The Commission also considered the employer's written undertakings, which had been provided to ensure that the agreement would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commission was satisfied that the effect of accepting the undertakings was not likely to cause financial detriment to any employee or result in substantial changes to the agreement. The views of each person known to be a bargaining representative for the agreement were sought in relation to the undertakings, and no objections were raised.

The Commission determined that the agreement met the requirements of the Fair Work Act 2009 and was satisfied that it should be approved as a registered agreement. The Australian Workers' Union, a bargaining representative for the agreement, had given notice that it wanted the agreement to cover it, and the Commission noted that the agreement covered the organisation. The agreement was approved and will commence on 7 December 2022, with a nominal expiry date of 13 September 2026.

Murrumbidgee Irrigation Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established