DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Catchment Management Authority
(AG2016/3530)

NORTH EAST CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2015-2019

Local government administration
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the North East Catchment Management Authority Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the North East Catchment Management Authority Enterprise Agreement 2015-2019 (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 Applicant 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 August 2016. The nominal expiry date of the Agreement is 26 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the North East Catchment Management Authority, sought approval for its enterprise agreement covering the period 2015 to 2019. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary concern was whether the agreement provided fair and reasonable terms for employees, including minimum rates of pay, maximum weekly hours, and provisions for leave.

The central legal issues revolved around whether the agreement adequately reflected the principles of fairness and reasonableness as required by the Fair Work Act. This included assessing if the proposed terms and conditions were consistent with the award or registered agreement applicable to the employees, and whether they met the 'better off overall test'. The Commission also needed to consider whether the agreement complied with the procedural requirements of the Act, such as ensuring proper consultation with employee representatives.

In examining the application, the Commission found that the proposed agreement contained terms that were fair and reasonable for the employees. It was determined that the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or registered agreement. Furthermore, the Commission was satisfied that the agreement had been developed through appropriate consultation processes and met all procedural requirements. Based on these findings, the Fair Work Commission approved the application, certifying the enterprise agreement as meeting the necessary legal standards.

Consequently, the Fair Work Commission made an order approving the North East Catchment Management Authority Enterprise Agreement 2015-2019, effective from the date of the decision. This decision ensured that the agreement could be implemented, providing a clear framework for the terms and conditions of employment within the organisation for the specified period.

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