DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Murray Irrigation Limited
(AG2017/4205)

WESTERN MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
COMMISSIONER JOHNS	SYDNEY, 4 JANUARY 2018

Application for approval of the Western Murray Irrigation Limited Enterprise Agreement 2017.

[1] On 13 September 2017 Western Murray Irrigation Limited (Applicant) made an application for approval of the Western Murray Irrigation Limited Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Western Murray Irrigation Limited, an entity involved in irrigation activities, sought approval of the Western Murray Irrigation Limited Enterprise Agreement 2017 in the Fair Work Commission. The application was brought forth to ensure that the terms and conditions of employment within the enterprise were fair and appropriate under the Fair Work Act 2009. The nature of the dispute involved scrutiny over whether the proposed agreement met the necessary requirements for approval and if it adhered to the principles of the Act.

The legal issues before the Commission revolved around the adequacy of the proposed agreement in terms of its compliance with the Fair Work Act 2009. Key concerns included whether the agreement provided fair terms and conditions for employees, whether it was free from prohibited content, and if it appropriately balanced the rights and obligations of both employers and employees. The Commission also had to assess whether the agreement had been fairly negotiated and if it met the criteria for approval under section 234 of the Act.

In considering these issues, the Commission reviewed the specific provisions of the proposed agreement and the bargaining process that led to its creation. The evidence presented indicated that the agreement was negotiated in good faith and covered a comprehensive range of employment terms. The Commission found that the agreement provided for fair and reasonable terms and conditions and did not contain any content that would be deemed unfair under the Act. The Commission concluded that the agreement met the necessary criteria for approval, thereby upholding the principles of fairness and balance in the workplace. The Fair Work Commission approved the Western Murray Irrigation Limited Enterprise Agreement 2017, confirming its compliance with the legislative requirements.

Western Murray Irrigation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established