DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busselton Water Corporation T/A Busselton Water
(AG2017/4359)

BUSSELTON WATER ENTERPRISE AGREEMENT (AGREEMENT) 2017

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Busselton Water Enterprise Agreement (Agreement) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Busselton Water Enterprise Agreement (Agreement) 2017 (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] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The matter involved the Busselton Water Corporation, trading as Busselton Water, and the Australian Services Union, acting on behalf of the corporation's employees. The dispute centred around the approval of the Busselton Water Enterprise Agreement (Agreement) 2017, which was to be reviewed and ratified by the Fair Work Commission. The corporation sought to implement the terms of the proposed agreement, while the union contested certain provisions, particularly those related to wages and conditions of employment. The case was heard in the Fair Work Commission, an independent statutory tribunal in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the principles of the national workplace relations system. The Commission needed to determine if the agreement was in the best interests of the employees, and if it provided for appropriate processes for the resolution of workplace disputes.

In considering these issues, the Commission examined the terms of the proposed agreement, including the wage rates, working conditions, and dispute resolution mechanisms. The Commission found that the agreement, while not perfect, provided for fair and reasonable terms and conditions for the employees, and was in their best interests. The Commission also noted that the agreement provided for appropriate processes for the resolution of workplace disputes, and that it complied with the principles of the national workplace relations system. Based on these findings, the Commission approved the Busselton Water Enterprise Agreement 2017, and it became legally binding on the parties.

The final orders of the Commission included the approval of the Busselton Water Enterprise Agreement 2017, which was to be effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to take all necessary steps to give effect to its terms. The Commission also ordered that any disputes arising from the agreement would be resolved in accordance with its provisions, and that the parties would comply with all applicable laws and regulations.

Busselton Water Corporation T/A Busselton Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established