Central Gippsland Region Water Corporation T/A Gippsland Water Summary

[2021] FWCA 7122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Gippsland Region Water Corporation T/A Gippsland Water
(AG2021/8338)

GIPPSLAND WATER ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Gippsland Water Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Water Enterprise Agreement 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] I observe that clauses 16.2.5(c) and (d), 16.2.4(a), 22.6.1, 23.2.2, 25.6 and 29.11 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 12 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Central Gippsland Region Water Corporation, trading as Gippsland Water, sought approval of the Gippsland Water Enterprise Agreement 2020. The application for approval was made by the employer, Gippsland Water, following negotiations with the relevant employee representatives. The employees were represented by the Australian Services Union, the Australian Manufacturing Workers' Union, and the United Voice. The nature of the dispute was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement contained the mandatory terms required by section 235 of the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements of the Act. Specifically, the Commission needed to determine whether the agreement had been fairly and genuinely negotiated, and whether the agreement met the provisions for good faith bargaining as outlined in the Act.

The Commission examined the evidence provided by both parties and found that the agreement contained all the mandatory terms required by the Act. The Commission was satisfied that the agreement had been genuinely negotiated in good faith and that all procedural requirements had been met. The Commission noted that the agreement provided for a range of employee entitlements, including wages, leave, and other benefits. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act.

Accordingly, the Commission approved the Gippsland Water Enterprise Agreement 2020, subject to the terms and conditions set out in the decision. The approval is effective from the date of the decision and will remain in force until superseded by a new enterprise agreement or until terminated in accordance with the Fair Work Act.

Central Gippsland Region Water Corporation T/A Gippsland Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established