West Gippsland Catchment Management Authority Summary

[2025] FWCA 3454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

West Gippsland Catchment Management Authority

(AG2025/3467)

WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER REDFORD	MELBOURNE, 22 OCTOBER 2025

Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority Enterprise Agreement 2024 (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.

Undertakings

In response to several issues raised with West Gippsland Catchment Management Authority in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement.

The undertakings relate to particular classifications in respect of which there will be no persons employed under the Agreement.

Consideration

Several issues were raised with the Applicant in relation to this Agreement, which were the subject of further submissions and the undertaking provided. Subject to these further submissions and 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.

The Australian Municipal, Administrative, Clerical and Services Union – Victorian and Tasmanian Authorities and Services Branch (ASU) 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 ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the West Gippsland Catchment Management Authority (the Authority) and its employees. The Authority sought approval of a proposed enterprise agreement, which was to govern the employment terms of its staff for the coming period. The dispute centred on the fairness and appropriateness of the proposed agreement's provisions, particularly in relation to wages, hours of work, and other employment conditions.

The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Authority argued that the agreement reflected the needs of the organisation and its employees, while some employee representatives contended that certain provisions were not adequately protective of workers' interests.

In delivering its decision, the Commission carefully examined the proposed agreement against the criteria set out in the Fair Work Act. The Commission noted that the agreement included provisions for minimum wages, standard hours, and other conditions that were consistent with industry benchmarks and broader economic conditions. The Commission found that the agreement was fair and reasonable, taking into account the need for flexibility in the Authority's operations and the importance of maintaining a sustainable workforce. The Commission also considered the process of negotiation and concluded that the agreement had been made in good faith. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission hereby approves the West Gippsland Catchment Management Authority Enterprise Agreement 2024, which shall be taken to have effect from the date of this decision. The agreement shall remain in force until the earlier of the date specified within its terms for termination, or a further agreement being approved by the Commission.

West Gippsland Catchment Management Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established