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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CaseChat Overview and Summary

The applicant, Wimmera Catchment Authority, trading as the Wimmera Catchment Management Authority, applied to the Fair Work Commission for approval of the Wimmera CMA Enterprise Agreement 2019. The application arose from negotiations between the Authority and its employees, represented by the Professional Officers Association of Victoria, concerning the terms and conditions of employment for certain employees of the Authority. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for minimum rates of pay and conditions that did not fall below the applicable award or safety net award. Additionally, the Commission considered whether the agreement contained any provisions that might unfairly discriminate against employees or whether it was otherwise contrary to public policy.

In reaching its decision, the Commission carefully examined the terms of the proposed agreement against the benchmarks provided by the relevant awards. The Commission found that the agreement satisfied the necessary conditions, including that it did not specify rates of pay or conditions that were less favourable than those provided by the applicable award. Furthermore, the Commission was satisfied that the agreement did not contain any discriminatory provisions and was not contrary to public policy. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Wimmera CMA Enterprise Agreement 2019, effective from the date of the decision. The agreement is to be registered and will apply to the employees covered by the application. The Commission's approval ensures that the terms and conditions of employment as outlined in the agreement are legally enforceable and compliant with the statutory requirements under the Fair Work Act 2009.

Wimmera Catchment Authority T/A Wimmera Catchment Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established