DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Gippsland Catchment Management Authority
(AG2016/3089)

WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2015

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2016

Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority Enterprise Agreement 2015 (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 Applicant 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 as are relevant to this application for approval have been met.

[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 of the Act, will operate from 27 June 2016. The nominal expiry date of the Agreement is 12 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the West Gippsland Catchment Management Authority and related to the application for approval of the Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary dispute was over whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the necessary criteria.

The legal issues the court needed to resolve included whether the agreement provided for fair terms and conditions, and whether it contained the necessary minimum entitlements. Additionally, the court had to consider whether the agreement was genuinely negotiated between the parties and if it adhered to the procedural requirements stipulated in the Fair Work Act.

The Fair Work Commission, after reviewing the submissions and evidence, concluded that the agreement met the legal standards for approval. The court found that the agreement was fair and reasonable and contained the necessary minimum entitlements. Furthermore, the agreement was genuinely negotiated and complied with the procedural requirements of the Fair Work Act. Consequently, the court approved the West Gippsland Catchment Management Authority Enterprise Agreement 2015.

No further orders were made by the court beyond the approval of the agreement. The decision stands as a clear affirmation of the agreement's compliance with the statutory requirements for enterprise agreements under the Fair Work Act.

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