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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Barwon Region Water Corporation, trading as Barwon Water, and the Fair Work Commission. The Corporation sought approval for its Enterprise Agreement 2020, which aimed to establish terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on the compliance of the proposed agreement with the legislative requirements set out in the Fair Work Act. Specifically, the Commission had to ascertain whether the agreement provided fair and reasonable terms and conditions for employees, and whether it included adequate mechanisms for dispute resolution. Additionally, the Commission examined the processes by which the agreement was negotiated to ensure compliance with procedural fairness.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement 2020 met the necessary standards for approval. The Commission considered the terms and conditions of employment to be fair and reasonable, noting the balance achieved between the interests of the Corporation and its employees. The Commission also determined that the agreement provided sufficient mechanisms for resolving disputes, including the establishment of a Fair Work Commission representative. Furthermore, the Commission found the negotiation process to be procedurally fair, with adequate opportunities for employee representation.

The Fair Work Commission approved the Barwon Region Water Corporation Enterprise Agreement 2020, thereby enabling its implementation as a binding agreement between the Corporation and its employees.

Barwon Region Water Corporation t/a Barwon Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established