Busselton Water Corporation

[2024] FWCA 2530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Busselton Water Corporation

(AG2024/2263)

BUSSELTON WATER ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 JULY 2024

Application for approval of the Busselton Water Enterprise Agreement 2024

Busselton Water Corporation (the Applicant) has made an application for the approval of an enterprise agreement known as the Busselton Water Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 9 July 2024 and, in accordance with s 54, will operate from 16 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Busselton Water Corporation applied for the approval of the Busselton Water Enterprise Agreement 2024. The agreement was proposed to govern the terms and conditions of employment for the corporation's employees. The corporation sought to implement the agreement to address various workplace issues and ensure a fair and efficient working environment.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for procedural and substantive fairness. Procedural fairness required that the agreement was made in good faith and followed proper consultation processes. Substantive fairness involved assessing whether the terms of the agreement were fair and reasonable, taking into account the needs and interests of both employees and the corporation.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement was procedurally and substantively fair. The Commission noted that the corporation had engaged in genuine consultation with its employees and that the terms of the agreement were balanced and reasonable. The agreement addressed key workplace issues such as pay rates, working conditions, and dispute resolution mechanisms, ensuring that it met the statutory requirements for approval.

The Fair Work Commission approved the Busselton Water Enterprise Agreement 2024, recognising it as a fair and reasonable agreement that complied with the Fair Work Act. The approval of the agreement allows it to be registered and enforced, providing a framework for the employment relationship between the Busselton Water Corporation and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established