Wimmera Catchment Management Authority

[2013] FWCA 4375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Wimmera Catchment Management Authority
(AG2013/1456)

WIMMERA CMA ENTERPRISE AGREEMENT 2012—2015

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 JULY 2013

Application for approval of the Wimmera CMA Enterprise Agreement 2012—2015.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera CMA Enterprise Agreement 2012—2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theWimmera 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2013. The nominal expiry date of the Agreement is 5 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Wimmera Catchment Management Authority (WCMA) and the Australian Services Union (ASU). The nature of the dispute was an application for approval of the WCMA Enterprise Agreement 2012-2015, which was made to the Fair Work Commission by the WCMA. The WCMA sought to have the agreement approved under section 231 of the Fair Work Act 2009. The legal issues the court was required to decide were whether the agreement was a "direct agreement" for the purposes of section 172 of the Fair Work Act, and whether the agreement complied with the good faith bargaining requirements of section 186 of the Act.

The court considered that the agreement was a direct agreement as it was between an employer and employees, and that it had been negotiated in good faith. The court found that the WCMA had made a genuine effort to reach an agreement, and that the agreement was not unreasonable. The court noted that the agreement contained provisions that were better than the relevant award, and that the WCMA had provided evidence of its financial position and the need for the agreement. The court concluded that the agreement met the requirements of the Fair Work Act and should be approved.

The final orders of the court were that the WCMA Enterprise Agreement 2012-2015 be approved, and that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement be published on the WCMA's website and that copies be provided to the ASU and the affected employees. The decision provides guidance for employers and unions on the requirements for approving enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established