West Gippsland Catchment Management Authority

[2021] FWCA 595

[2021] FWCA 595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Gippsland Catchment Management Authority
(AG2020/4086)

WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2020

State and Territory government administration
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority 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 West Gippsland Catchment Management Authority. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 12 February 2021. The nominal expiry date of the Agreement is 12 November 2024.

COMMISSIONER

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ANNEXURE A