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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the West Gippsland Catchment Management Authority for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2020. The authority sought the agreement's approval under the Fair Work Act 2009, which requires that certain criteria are met before such agreements can be formally endorsed. The dispute centred on whether the agreement satisfied all necessary conditions, including the requirement that it be free from any discriminatory provisions and that it was made in good faith.

The legal issues the court had to address included whether the agreement contained any discriminatory terms that contravened the Act, and whether it had been made in good faith as required by the legislation. Additionally, the court considered whether the agreement met the requirements for modern awards and if it appropriately balanced the interests of both the employees and the employer.

The Fair Work Commission found that the agreement did not contain any discriminatory terms and was made in good faith. The Commission concluded that the agreement met all necessary conditions for approval under the Fair Work Act. It found that the agreement appropriately balanced the interests of both parties and complied with the relevant modern awards. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the West Gippsland Catchment Management Authority Enterprise Agreement 2020, thereby allowing it to be implemented and binding on the parties involved. This decision ensures that the agreement will regulate the employment terms and conditions for the employees of the authority, providing a clear framework for their working relationship.

West Gippsland Catchment Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established