Barwon Region Water Corporation t/a Barwon Water

[2021] FWCA 2399

[2021] FWCA 2399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Region Water Corporation t/a Barwon Water
(AG2021/4555)

BARWON REGION WATER CORPORATION ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 APRIL 2021

Application for approval of the Barwon Region Water Corporation Enterprise Agreement 2020.

[1] Barwon Water has applied for approval of a single enterprise agreement known as the Barwon Region Water Corporation Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 30 April 2021 and, in accordance with s.54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 29 November 2023.

DEPUTY PRESIDENT

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