Central Highlands Region Water Corporation T/A Central Highlands Region Water Corporation

[2022] FWCA 2796

[2022] FWCA 2796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Highlands Region Water Corporation T/A Central Highlands Region Water Corporation

(AG2022/3172)

Central Highlands Water EnterpriseAgreement 2021

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 17 AUGUST 2022

Application for approval of the Central Highlands Water Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Central Highlands Water Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Highlands Region Water Corporation T/A Central Highlands Region Water Corporation. The Agreement is a single enterprise agreement.

1. 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.

1. 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 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.

1. 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.

1. The Agreement was approved on 17 August 2022 and, in accordance with s.54, will operate from 24 August 2022. The nominal expiry date of the Agreement is 27 September 2025.

COMMISSIONER

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Annexure A