DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aqua Metro Pty Ltd T/As Aqua Metro
(AG2018/875)

AQUA METRO PTY LTD (MELBOURNE METRO WATER CORPORATION CAPITAL WORKS) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2018

Application for approval of the Aqua Metro Pty Ltd (Melbourne Metro Water Corporation Capital Works) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aqua Metro Pty Ltd (Melbourne Metro Water Corporation Capital Works) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aqua Metro Pty Ltd T/As Aqua Metro. 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 is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Aqua Metro Pty Ltd, trading as Aqua Metro, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to cover employees of Aqua Metro, who are involved in the Melbourne Metro Water Corporation Capital Works. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions for employee representation and consultation, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement did not undermine the rights of employees to be represented by a registered union or an employee representative approved by the employer.

The Fair Work Commission found that the enterprise agreement was largely compliant with the Fair Work Act. The agreement provided for employee representation and consultation through the establishment of a workplace forum. The Commission noted that the agreement did not mandate union representation, but allowed for representation by an approved employee representative. This was deemed to be consistent with the legislative framework. Furthermore, the agreement contained provisions that protected the rights of employees, ensuring that they were not disadvantaged by the terms of the agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Aqua Metro Pty Ltd (Melbourne Metro Water Corporation Capital Works) Enterprise Agreement 2018. This decision signifies that the agreement meets the necessary legal requirements and can be implemented to govern the employment conditions of the relevant employees.

Aqua Metro Pty Ltd T/As Aqua Metro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established