North East CMA

[2022] FWCA 1412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North East CMA

(AG2022/942)

North East Catchment Management Authority Enterprise Agreement 2021-2025

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 APRIL 2022

Application for approval of the North East Catchment Management Authority Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the North East Catchment Management Authority Enterprise Agreement 2021-2025 (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 CMA. The Agreement is a single enterprise agreement.

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.

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.

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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 9 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The North East Catchment Management Authority applied to the Fair Work Commission for approval of its 2021-2025 Enterprise Agreement. The union representing employees opposed the application, arguing that the proposed terms were not fair and reasonable. The dispute was heard by the Fair Work Commission.

The central legal issue was whether the proposed enterprise agreement was fair and reasonable in all its terms. This involved assessing whether the agreement met the criteria set out in section 230 of the Fair Work Act, including provisions related to minimum rates of pay, penalty rates, leave entitlements, and overall fairness. The commission needed to determine if the agreement provided adequate protections and benefits to employees while balancing the needs of the employer.

The Fair Work Commission found that the proposed agreement was fair and reasonable. It noted that the agreement provided for appropriate minimum rates of pay and penalty rates, as well as adequate leave entitlements. The commission also considered the overall fairness of the agreement, taking into account the needs of both the employer and the employees. After careful consideration, the commission approved the application.

The Fair Work Commission approved the North East Catchment Management Authority Enterprise Agreement 2021-2025, determining it met the criteria for fairness and reasonableness under the Fair Work Act. The agreement will now govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established