Barwon Region Water Corporation trading as Barwon Water

[2025] FWCA 1609

[2025] FWCA 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Barwon Region Water Corporation trading as Barwon Water

(AG2025/1372)

BARWON REGION WATER CORPORATION ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER REDFORD	MELBOURNE, 16 MAY 2025

Application for approval of the Barwon Region Water Corporation Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Barwon Region Water Corporation Enterprise Agreement (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 (Barwon Water). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Barwon Water in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:  

a.Engagement of apprentices and trainees.

Interaction with the National Employment Standards

1. Clauses 5.2 and 5.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 37.11(c) of the Agreement provides that employees must ensure notification of personal leave is made prior to the commencement of their normal starting time. Section 107 of the Act provides that notice must be given “as soon as practicable”, which may be a time after the leave has started. On the basis of the NES precedence clause, this provision of the NES will prevail over the operation of clause 37.11(c) of the Agreement.

Consideration

1. 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.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ASU and APESMA.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A