DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide River and Stream Management Pty Ltd
(AG2021/5261)

STATEWIDE RIVER & STREAM MANAGEMENT ENTERPRISE AGREEMENT 2021 – 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for approval of the Statewide River & Stream Management Enterprise Agreement 2021 – 2025.

[1] Statewide River and Stream Management Pty Ltd has made an application for approval of an enterprise agreement known as the Statewide River & Stream Management Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Agreement was approved on 3 June 2021 and, in accordance with s 54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Statewide River and Stream Management Pty Ltd, which applied to the Fair Work Commission for approval of the Statewide River & Stream Management Enterprise Agreement 2021 – 2025. The application was made under section 230 of the Fair Work Act 2009, seeking the commission's approval of the proposed enterprise agreement, which was to cover employees in the river and stream management sector across the state. The dispute centred on whether the agreement met the legal requirements for approval, including fairness, efficiency, and other relevant criteria.

The legal issues before the commission included whether the agreement provided for fair and efficient terms and conditions for employees, whether it complied with relevant statutory provisions, and whether it had been negotiated in good faith. The commission needed to determine if the proposed agreement was in the best interests of the employees and whether it would contribute to harmonious, productive, and cooperative workplace relations.

The commission found that the agreement was fair and efficient and met the statutory requirements. It was satisfied that the agreement had been negotiated in good faith and that it provided for appropriate terms and conditions for the employees. The commission considered the overall balance of the agreement, the nature of the industry, and the interests of both employers and employees. The commission approved the application, highlighting the importance of the agreement in promoting harmonious and productive workplace relations within the sector.

The Fair Work Commission approved the Statewide River & Stream Management Enterprise Agreement 2021 – 2025, confirming its compliance with the relevant statutory requirements and its fairness to both employers and employees. The commission's decision emphasised the importance of such agreements in maintaining cooperative workplace relations and ensuring that the terms and conditions of employment were fair and efficient. This approval will provide certainty and stability for the river and stream management sector for the duration of the agreement.

Statewide River and Stream Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established