DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Gippsland Water Corporation T/A Gippsland Water
(AG2016/1091)

GIPPSLAND WATER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Gippsland Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Water Enterprise Agreement 2015 (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 Water Corporation T/A Gippsland 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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.

[7] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 12 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Central Gippsland Water Corporation, trading as Gippsland Water, applied for the approval of the Gippsland Water Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for Gippsland Water's employees, specifically those covered by the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the Gippsland Water Enterprise Agreement 2015 satisfied the criteria for approval as set out in the Fair Work Act. This included ensuring that the agreement provided for the proper determination of terms and conditions of employment, was free from coercion, did not contain any provisions that were contrary to public policy, and met the requirements for employee protection and dispute resolution. The Commission also considered the fairness and reasonableness of the agreement in the context of contemporary industrial relations practices.

In reaching its decision, the Commission examined the contents of the agreement and the process by which it was negotiated. It noted the involvement of the Fair Work Commission's Enterprise Agreement Registration Service in the approval process and considered submissions from both Gippsland Water and the relevant employee representatives. After thorough analysis, the Commission concluded that the Gippsland Water Enterprise Agreement 2015 met all necessary criteria for approval and was in the best interests of the employees it covered. The Commission approved the agreement, highlighting the importance of its provisions in ensuring fair and equitable terms of employment.

The Fair Work Commission approved the Gippsland Water Enterprise Agreement 2015, determining that it met all legislative requirements and was fair and reasonable. This decision provided certainty and clarity for both Gippsland Water and its employees, ensuring that the terms of employment were properly determined and protected under the Fair Work Act.

Central Gippsland 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