Northern Agricultural Catchments Council Incorporated T/A Northern Agricultural Catchments Council Incorporated Summary

[2024] FWCA 3643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Agricultural Catchments Council Incorporated T/A Northern Agricultural Catchments Council Incorporated

(AG2024/3358)

NORTHERN AGRICULTURAL CATCHMENTS COUNCIL ENTERPRISE AGREEMENT 2024

COMMISSIONER SCHNEIDER

PERTH, 18 OCTOBER 2024

Application for approval of the Northern Agricultural Catchments Council Enterprise Agreement 2024

Northern Agricultural Catchments Council Incorporated T/A Northern Agricultural Catchments Council Incorporated (the Applicant) has made an application for the approval of an enterprise agreement known as the Northern Agricultural Catchments Council Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 October 2024.

The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Agricultural Catchments Council Incorporated, trading as the Northern Agricultural Catchments Council, sought approval of the Northern Agricultural Catchments Council Enterprise Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees involved. The Commission had to consider if the agreement was fairly and genuinely negotiated, provided for a modern workplace, and complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement was genuinely negotiated, met the modern workplace requirements, and complied with the Act. The Commission assessed the process of negotiation, the content of the agreement, and its alignment with the statutory criteria. Specifically, the Commission examined if the agreement provided for the interests of the employees and employers, ensured fair terms and conditions, and adhered to the principles of enterprise bargaining.

The Fair Work Commission concluded that the Northern Agricultural Catchments Council Enterprise Agreement 2024 was fairly and genuinely negotiated, met the modern workplace requirements, and complied with the relevant provisions of the Fair Work Act. The Commission was satisfied with the negotiation process and the content of the agreement, finding that it provided fair terms and conditions for the employees and employers. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Northern Agricultural Catchments Council Enterprise Agreement 2024, recognising its compliance with the statutory requirements and its alignment with the principles of enterprise bargaining. The agreement was deemed to be fairly and genuinely negotiated, met the modern workplace requirements, and provided for the interests of both employees and employers.

Northern Agricultural Catchments Council Incorporated T/A Northern Agricultural Catchments Council Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established