DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Central Catchment Management Authority
(AG2014/8425)

NORTH CENTRAL CATCHMENT MANAGEMENT AUTHORITY 2014 COLLECTIVE AGREEMENT

Local government administration
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the North Central Catchment Management Authority 2014 Collective Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the North Central Catchment Management Authority 2014 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Municipal, Administrative Clerical and Services Union (ASU), being the bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement cover the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 17 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE411917 PR559374

CaseChat Overview and Summary

The North Central Catchment Management Authority applied to the Fair Work Commission for approval of its 2014 Collective Agreement. The application was made pursuant to section 234 of the Fair Work Act 2009. The application was opposed by the Australian Services Union, which raised concerns about the agreement's provisions on casual employment and redundancy entitlements.

The Commission was required to determine whether the agreement met the "better-off-overall test" as required by section 234 of the Act. The Commission considered whether the agreement provided employees with a better overall package of terms and conditions than would have applied under the relevant awards. The Commission also considered whether the agreement met the "additional benefits test" and whether it contained any provisions that were contrary to public policy.

The Commission found that the agreement met the better-off-overall test and the additional benefits test. The Commission considered that the agreement provided employees with a better overall package of terms and conditions, including improved redundancy entitlements for casual employees. The Commission also found that none of the provisions in the agreement were contrary to public policy. The Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the North Central Catchment Management Authority 2014 Collective Agreement, finding that it met the better-off-overall test and the additional benefits test, and that none of the provisions in the agreement were contrary to public policy. The agreement was approved subject to certain conditions, including a requirement that the Authority provide the Commission with regular reports on the operation of the agreement.

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