DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Region Water Corporation T/A Barwon Water
(AG2016/1330)

BARWON REGION WATER CORPORATION ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Barwon Region Water Corporation Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Region Water Corporation Enterprise Agreement 2015 (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 Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union, 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 these organisations.

[4] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 29 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Barwon Region Water Corporation, trading as Barwon Water, which applied for approval of the Enterprise Agreement 2015. The application was made to the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory requirements for approval, including provisions regarding employee rights and obligations, as well as procedural fairness in the agreement's formation.

The key legal issues before the Commission were whether the agreement met the formal requirements set out in the Fair Work Act, and whether it complied with the ‘better off overall test’. This test requires that employees be no worse off financially under the terms of the agreement than they would be under the applicable awards or previous agreements. Additionally, the Commission had to consider whether the agreement was made in good faith and whether proper procedures were followed in its negotiation and presentation to employees.

In its decision, the Commission found that the Enterprise Agreement 2015 met all the formal requirements for approval. It also concluded that the agreement passed the better off overall test, as it did not disadvantage employees financially and, in some cases, provided them with improved terms and conditions. Furthermore, the Commission determined that the agreement was made in good faith and that the negotiation process was fair and transparent. As a result, the Commission approved the Barwon Region Water Corporation Enterprise Agreement 2015.

The final orders of the Commission were that the Enterprise Agreement 2015 be approved as a certified agreement, effective from the date of the Commission's decision. This approval allows the agreement to be registered with the Registrar of the Fair Work Commission, and it will govern the employment conditions of the employees covered by the agreement for the specified period.

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