Wimmera Catchment Authority T/A Wimmera Catchment Management Authority

[2019] FWCA 7113

[2019] FWCA 7113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wimmera Catchment Authority T/A Wimmera Catchment Management Authority
(AG2019/3587)

WIMMERA CMA ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Wimmera CMA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera CMA Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wimmera Catchment Authority T/A Wimmera Catchment Management Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 22 October 2019. The nominal expiry date of the Agreement is 6 August 2020.

COMMISSIONER

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