Western Murray Irrigation Limited

[2022] FWCA 2373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Murray Irrigation Limited

(AG2022/2178)

Western Murray Irrigation Limited Enterprise Agreement 2022

Water, sewerage and drainage services
COMMISSIONER MCKINNON	SYDNEY, 18 JULY 2022

Application for approval of the Western Murray Irrigation Limited Enterprise Agreement 2022.

Western Murray Irrigation Limited has applied for approval of a single enterprise agreement known as the Western Murray Irrigation Limited Enterprise Agreement 2022 (the Agreement).

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 Agreement is approved and will operate from 25 July 2022. The nominal expiry date of the Agreement is 18 July 2026.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Murray Irrigation Limited (WMI) applied to the Fair Work Commission for approval of the Western Murray Irrigation Limited Enterprise Agreement 2022. The applicants argued that the agreement represented the terms and conditions of employment for the employees in the relevant bargaining unit. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which raised concerns about the fairness and adequacy of the proposed agreement.

The legal issues before the Fair Work Commission included whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, whether it provided for minimum terms and conditions of employment, and whether it was in the interests of the employees. The AMWU contended that the agreement did not adequately address issues such as wage increases, leave entitlements, and dispute resolution mechanisms. WMI argued that the agreement was fair and reasonable, and that it provided for appropriate terms and conditions of employment.

The Fair Work Commission found that the agreement was made in accordance with the requirements of the Fair Work Act and that it provided for minimum terms and conditions of employment. The Commission also found that the agreement was in the interests of the employees. The Commission noted that the agreement provided for a range of benefits, including wage increases, improved leave entitlements, and enhanced dispute resolution mechanisms. The Commission was satisfied that the agreement represented a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Western Murray Irrigation Limited Enterprise Agreement 2022. The agreement is now the legally binding enterprise agreement for the relevant bargaining unit, and it will apply to the employees covered by the agreement. The AMWU's concerns about the fairness and adequacy of the agreement were not upheld, and the agreement will now come into effect on the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established