Northern Agricultural Catchments Council Inc

[2021] FWCA 4931

[2021] FWCA 4931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Agricultural Catchments Council Inc
(AG2021/5758)

NORTHERN AGRICULTURAL CATCHMENTS COUNCIL ENTERPRISE AGREEMENT 2020

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 12 AUGUST 2021

Application for approval of the Northern Agricultural Catchments Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Northern Agricultural Catchments Council Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Agricultural Catchments Council Inc. 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] The employees covered by the Agreement were provided with details of the vote on 14 June 2021 and the vote took place on 17 June 2021, which is during the access period not by the start of it as required by s.180(3) of the Act. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2) of the Act. Further, having regard to the content of the Form F17 declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A