//
austlii:cth/FWCA/2025/1940
General information, not legal advice.
FWCA
2025-06-11
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
GOULBURN BROKEN CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Goulburn Broken Catchment Management Authority Enterprise Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the Goulburn Broken Catchment Management Authority Enterprise Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Goulburn Broken Catchment Management Authority. The Agreement is a single enterprise agreement.
[2] The Employer 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 18.2 of the Agreement, in relation to the withholding of monies may impact employee's entitlement to receive NES provisions such as accrued annual leave.
Clause 20 of the Agreement, in relation to abandonment, may be less beneficial than the NES due to a cross-referencing error, referring to clause 16 rather than clause 18.
Clause 32.4 of the Agreement, in relation to annual leave, may be less beneficial than clause 20.3(a) of the Award.
However, noting clause 1 of the undertakings given by the Employer (below at Annexure A), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from Wednesday, 18 June 2025. The nominal expiry date of the Agreement is 17 January 2029.
Printed by authority of the Commonwealth Government Printer