DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Central Catchment Management Authority
(AG2018/1788)

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY (“NORTH CENTRAL CMA”) 2017 COLLECTIVE AGREEMENT

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 AUGUST 2018

Application for approval of the North Central Catchment Management Authority (“North Central CMA”) 2017 Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the North Central Catchment Management Authority (“North Central CMA”) 2017 Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Central Catchment Management Authority. 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, 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 Municipal, Administrative, Clerical and Services 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 is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 7 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the North Central Catchment Management Authority, represented by the respondent, applied for approval of the North Central CMA 2017 Collective Agreement. This was a collective bargaining agreement between the Authority and its employees, represented by the applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter centred on the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The specific points of contention included whether the proposed agreement adhered to the criteria for approval under section 233 of the Act, including whether it was in the best interests of the employees and whether it met the standards of good faith bargaining. The second issue was whether the agreement met the requirements for independent review and approval by the Fair Work Commission.

The Fair Work Commission determined that the agreement was in compliance with the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and was in the best interests of the employees, taking into account their needs and the context of the workplace. The Commission further found that the proposed agreement met all statutory requirements and provided for adequate protections for the employees. Consequently, the application for approval was granted. The Commission's decision was based on the evidence presented and the legal standards applicable to collective agreements under the Fair Work Act.

The final orders of the Commission were that the North Central CMA 2017 Collective Agreement be approved, effective from 1 July 2017. The agreement was to be registered with the Fair Work Commission and would be subject to the enforcement and dispute resolution mechanisms provided for in the Act. The Commission's decision provided clarity and certainty for both the North Central CMA and its employees regarding the terms and conditions of their employment.

North Central Catchment Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established