DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Region Water Corporation T/A Barwon Water
(AG2019/5171)

BARWON REGION WATER CORPORATION ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the Barwon Region Water Corporation Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Region Water Corporation Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barwon Region Water Corporation T/A Barwon Water. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged contained an error at clause 30.8. On 17 February 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 28.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU) being bargaining representatives 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) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 17 February 2020 and, in accordance with s.54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 29 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Barwon Region Water Corporation, trading as Barwon Water, which applied for the approval of the Barwon Region Water Corporation Enterprise Agreement 2019. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval, including that it provided for a fair and efficient workplace, and that it was made in good faith.

The key legal issues revolved around the compliance of the agreement with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for appropriate pay and conditions, and whether it was made in compliance with the requirements of good faith bargaining and the protection of employees' rights. The Commission also needed to assess whether the agreement met the threshold for being considered a single, integrated agreement.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the agreement satisfied the statutory criteria. The Commission was satisfied that the agreement provided for fair and efficient workplaces and that it was made in good faith. The agreement was deemed to be a single, integrated agreement, meeting the necessary legislative requirements. Consequently, the Commission approved the Barwon Region Water Corporation Enterprise Agreement 2019.

In summary, the Fair Work Commission approved the Barwon Region Water Corporation Enterprise Agreement 2019, finding it to be compliant with the statutory criteria and meeting the necessary standards for good faith bargaining and employee protections. The agreement was deemed to be fair, efficient, and appropriately integrated.

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