| [2025] FWCA 969 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Wimmera Catchment Management Authority
(AG2025/688)
WIMMERA CMA ENTERPRISE AGREEMENT 2024-2028
| State and Territory government administration | |
| COMMISSIONER TRAN | MELBOURNE, 20 MARCH 2025 |
Wimmera CMA Enterprise Agreement 2024-2028 Application for approval of the Wimmera CMA Enterprise Agreement 2024-2028
Wimmera Catchment Management Authority has applied for approval of an enterprise agreement known as Wimmera CMA Enterprise Agreement 2024-2028 under s 185 of the Fair Work Act 2009.
The Agreement is a single enterprise agreement.
I note clause 4.3 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the ASU.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2025.
In accordance with clause 3.1, the nominal expiry date of the Agreement is 6 August 2028.
COMMISSIONER
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- AGLC
- Wimmera Catchment Management Authority [2025] FWCA 969
- Case
- [2025] FWCA 969
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided adequate protections for employees, ensured fair and reasonable terms, and complied with relevant industrial laws. The Commission had to determine if the proposed enterprise agreement was genuinely a product of genuine collective bargaining and whether it contained terms that were fair and reasonable in all respects.
The Fair Work Commission found that the agreement contained terms that were fair and reasonable and had been genuinely negotiated between the employer and the employees' representatives. The Commission was satisfied that the agreement provided appropriate protections for employees and adhered to the necessary legal requirements. Consequently, the Commission approved the Wimmera CMA Enterprise Agreement 2024-2028, recognising its compliance with industrial laws and its representation of a genuine collective bargaining outcome.
The Fair Work Commission's decision was final and binding, with the approved agreement set to govern the employment conditions for the specified period. This outcome confirmed the legal validity of the agreement and ensured that it would be implemented as the basis for employment terms within the Wimmera Catchment Management Authority.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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