DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Catchment Management Authority
(AG2020/356)

NORTH EAST CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2019-2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 27 MARCH 2020

Application for approval of the North East Catchment Management Authority Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the North East Catchment Management Authority Enterprise Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North East 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2020. The nominal expiry date of the Agreement is 26 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The North East Catchment Management Authority (NECMA) sought approval for the Enterprise Agreement 2019-2020, which aimed to regulate the terms and conditions of employment for its staff. The application was brought before the Fair Work Commission (FWC) to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute involved NECMA, its employees, and the potential impact of the agreement on their working conditions and employment terms.

The primary legal issue the FWC needed to address was whether the proposed Enterprise Agreement complied with the statutory requirements set forth in the Fair Work Act. This involved examining whether the agreement met the 'better off overall test' (BOOT), ensuring that the employees would be no worse off financially and, in some cases, better off overall compared to the applicable industrial instrument. The FWC also needed to consider whether the agreement adequately covered the mandated minimum terms and conditions, and whether it contained appropriate dispute resolution mechanisms.

The FWC found that the NECMA Enterprise Agreement 2019-2020 satisfied the BOOT. The Commission determined that the proposed agreement provided employees with better financial and other benefits, such as improved leave entitlements and more flexible working arrangements, compared to the existing industrial instrument. Furthermore, the FWC confirmed that the agreement included all the mandated minimum terms and conditions and provided for effective dispute resolution processes. Based on these findings, the FWC approved the application for the NECMA Enterprise Agreement 2019-2020.

As a result of the FWC's approval, the NECMA Enterprise Agreement 2019-2020 became the applicable industrial instrument for the employees of the North East Catchment Management Authority. This decision ensured that the agreement would govern the terms and conditions of employment for the specified period, providing a framework for the employer-employee relationship within NECMA.

North East 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