Western Murray Irrigation Limited

[2013] FWCA 8737

[2013] FWCA 8737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Western Murray Irrigation Limited
(AG2013/11013)

WESTERN MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2013 TO 2016

Water, sewerage and drainage services
COMMISSIONER MCKENNA	SYDNEY, 7 NOVEMBER 2013

Application for approval of the Western Murray Irrigation Limited Enterprise Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Murray Irrigation Limited Enterprise Agreement 2013 to 2016 (“the Agreement”). The application has been made by Western Murray Irrigation Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of an individual employee bargaining representative were sought in relation to the undertakings, and she concurred with the content of the undertakings, as does The Australian Workers’ Union (“AWU”). A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I note section 204(4) of the Act also operates in relation to the flexibility arrangement.

[3] The AWU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2016.

COMMISSIONER

Annexure A

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