| [2014] FWCA 7013 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Busselton Water Corporation T/A Busselton Water
(AG2014/8716)
BUSSELTON WATER ENTERPRISE AGREEMENT 2014
Water, sewerage and drainage services | |
COMMISSIONER WILLIAMS | PERTH, 8 OCTOBER 2014 |
Application for approval of the Busselton Water Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Busselton Water 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 Busselton Water Corporation T/A Busselton Water. 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 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.
[4] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and
- provides information to the employees about the change; and
- invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
- considers any views given by the employees about the impact of the change ; and
- allows for the representation of those employees for the purposes of that consultation.
Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2014. The nominal expiry date of the Agreement is 30 June 2017.
COMMISSIONER
1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009
Printed by authority of the Commonwealth Government Printer
<Price code J, AE410503 PR556262>
- AGLC
- Busselton Water Corporation T/A Busselton Water [2014] FWCA 7013
- Case
- [2014] FWCA 7013
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements stipulated in the Act. Procedurally, the Commission had to determine if the agreement was genuinely negotiated and if proper procedures were followed in its creation. Substantively, the agreement needed to ensure that it provided fair and reasonable terms for both the employer and employees, without unfairly disadvantaging any party. The Commission also needed to ensure that the agreement did not undermine the protection of employees' rights or the broader public interest.
The Fair Work Commission found that the agreement was genuinely negotiated and that the procedural requirements were met. The Commission was satisfied that the terms and conditions of employment were fair and reasonable, providing adequate protections for both the employer and employees. The agreement did not undermine the protection of employees' rights or the public interest. Consequently, the Commission approved the Busselton Water Enterprise Agreement 2014. The final orders included the approval of the agreement, which would now serve as the basis for the terms and conditions of employment for the covered employees.
Orders
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Background
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Evidence
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