Wimmera Catchment Management Authority

[2016] FWCA 3496

[2016] FWCA 3496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wimmera Catchment Management Authority
(AG2016/822)

WIMMERA CMA ENTERPRISE AGREEMENT 2015 - 2019

State and Territory government administration
COMMISSIONER LEE	HOBART, 31 MAY 2016

Application for approval of the Wimmera CMA Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera CMA Enterprise Agreement 2015-2019 (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 Management Authority. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement contained a minor error at clause 16.2.3. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 6 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE419204  PR580984>

ANNEXURE A