DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Gippsland Region Water Corporation T/A Gippsland Water
(AG2019/5189)

GIPPSLAND WATER ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 10 MARCH 2020

Application for approval of the Gippsland Water Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Water Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Gippsland Region Water Corporation T/A Gippsland Water. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Association of Professional Engineers, Scientists and Managers, Australia and the 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, will operate from 17 March 2020. The nominal expiry date of the Agreement is 12 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Gippsland Region Water Corporation, trading as Gippsland Water, sought approval of the Gippsland Water Enterprise Agreement 2019 before the Fair Work Commission. This application was challenged by the Australian Manufacturing Workers' Union. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, particularly those that deviated from the existing awards and the potential impact on the employees' rights and entitlements.

The legal issues before the court involved whether the proposed agreement complied with the Fair Work Act 2009, specifically whether it met the criteria for being a lawful and fair agreement. The court was required to assess if the agreement provided for fair and reasonable terms and conditions, and if it appropriately balanced the interests of both the employer and the employees. Additionally, the court had to determine whether the agreement adhered to the procedural requirements under the Act, including the necessity of genuine bargaining and the provision of necessary information to the parties involved.

The Fair Work Commission, in its decision, found that the Gippsland Water Enterprise Agreement 2019 was fair and lawful. The Commission determined that the agreement had been formed through genuine bargaining and appropriately balanced the interests of both parties. The Commission noted that the agreement contained provisions that ensured fair and reasonable terms and conditions, and that it complied with the procedural requirements set out in the Fair Work Act 2009. Consequently, the Commission approved the application, allowing the agreement to be implemented.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision confirmed the legitimacy of the proposed agreement, enabling the Central Gippsland Region Water Corporation to proceed with the implementation of the Gippsland Water Enterprise Agreement 2019.

Central Gippsland Region Water Corporation T/A Gippsland Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established