Barwon Regional Water Corporation T/A Barwon Water

[2014] FWCA 5685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Regional Water Corporation T/A Barwon Water
(AG2014/195)

BARWON REGION WATER CORPORATION ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 19 AUGUST 2014

Application for approval of the Barwon Region Water Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Region Water Corporation Enterprise Agreement 2014 (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. 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 does not contain a consultation provision in the terms of s.205 of the Act. 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.

[4] The Association of Professional Engineers Scientists and Managers Australia and 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barwon Regional Water Corporation T/A Barwon Water was the applicant in a case before the Fair Work Commission, seeking approval for the Barwon Region Water Corporation Enterprise Agreement 2014. The dispute centred around the terms of the proposed agreement, which the Fair Work Commission needed to assess for compliance with the Fair Work Act 2009. The applicant, Barwon Regional Water Corporation, aimed to have the agreement approved to govern the employment conditions of its employees.

The legal issues before the Fair Work Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act, including provisions on minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it balanced the interests of both the employer and the employees.

The Fair Work Commission examined the provisions of the proposed agreement and found that it complied with the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay, penalty rates, and leave entitlements. The Commission approved the Barwon Region Water Corporation Enterprise Agreement 2014, as it was deemed to be in the best interests of both the employer and the employees, and met the necessary legislative standards.

The Fair Work Commission's decision resulted in the approval of the Barwon Region Water Corporation Enterprise Agreement 2014, effective from the date of the Commission's decision. The approved agreement would now govern the employment conditions of the employees of Barwon Regional Water Corporation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established