Western Murray Irrigation Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Murray Irrigation Limited applied to the Fair Work Commission for approval of an enterprise agreement covering the period from 2013 to 2016. The agreement was contested by the Australian Manufacturing Workers' Union, which raised concerns about the fairness and compliance of the proposed terms with relevant industrial standards. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions of the Act. Additionally, the court had to consider whether the agreement provided for adequate protections for employees, including their pay and conditions, and whether it was free from any improper influence or coercion. The court also examined if the agreement contained all mandatory terms required by the Act and whether it adhered to the procedural fairness principles.

In its decision, the court found that the agreement did meet the criteria for approval. It held that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court was satisfied that the bargaining process was conducted in good faith, without any improper influence or coercion. Furthermore, the agreement included all the mandatory terms required by the Act and was procedurally fair. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Western Murray Irrigation Limited Enterprise Agreement 2013 to 2016 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and remain in force until the end of the specified period, subject to any further orders or directions of the Fair Work Commission.

Western Murray Irrigation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established