Bunbury Water Corporation T/A Aqwest Summary

[2014] FWCA 679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury Water Corporation T/A Aqwest
(AG2013/12750)

AQWEST ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER WILLIAMS	PERTH, 30 JANUARY 2014

Application for approval of the Aqwest Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aqwest 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 Bunbury Water Corporation T/A Aqwest. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2014. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Bunbury Water Corporation, trading as Aqwest, for the approval of the Aqwest Enterprise Agreement 2014. The application arose from the need to formalise the employment conditions for workers under the control of the Bunbury Water Corporation. The legal issues at the heart of the case centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement must be free from any term that is, or would be, unenforceable on the ground of public policy. Specifically, the Commission had to determine whether certain clauses within the agreement contravened these statutory requirements.

In examining the application, the Commission took into account various submissions from the parties and relevant legislative provisions. The Commission carefully considered the enforceability of each clause within the agreement, ensuring that none of the terms would be unenforceable on public policy grounds. The Bunbury Water Corporation argued that the clauses were necessary to ensure the smooth operation of their services, while the opposing party contended that some clauses were overly restrictive and contrary to public policy. Ultimately, the Commission found that while most of the clauses were in line with legal requirements, a few needed to be amended to meet the standards set by the Fair Work Act. The Commission proposed specific changes to these clauses to ensure compliance, which both parties were required to address.

Following the analysis, the Commission decided to approve the Aqwest Enterprise Agreement 2014, subject to certain modifications. The changes were designed to ensure the agreement did not include terms that could be deemed unenforceable under public policy. The Commission's final decision balanced the need for effective management of the corporation's operations with the legal obligations imposed by the Fair Work Act. The Bunbury Water Corporation was required to implement the proposed amendments to the agreement within the specified timeframe.

Bunbury Water Corporation T/A Aqwest

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established