DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Region Water Corporation T/A Central Highlands Water
(AG2020/588)

CENTRAL HIGHLANDS WATER ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 MARCH 2020

Application for approval of the Central Highlands Water Enterprise Agreement 2020.

[1] Central Highlands Region Water Corporation (the Employer) has made an application for approval of an enterprise agreement known as the Central Highlands Water Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] 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 seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 20 March 2020 and, in accordance with s 54, will operate from 27 March 2020. The nominal expiry date of the Agreement is 21 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Central Highlands Region Water, trading as Central Highlands Water, applied for the approval of the Central Highlands Water Enterprise Agreement 2020. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The primary dispute centred on whether the proposed terms of the agreement were fair and reasonable for the employees represented by the applicant, particularly in relation to the classification and pay rates for certain positions.

The Commission needed to determine whether the agreement complied with the 'better off overall test' and whether it provided for the fair and reasonable terms and conditions of employment. This involved assessing the balance of the agreement's provisions, including the classification of roles, the associated pay rates, and the overall impact on the employees. The Commission also considered the fairness of the agreement's terms in light of broader economic and industry factors, as well as the bargaining positions of the parties.

In reaching its decision, the Commission examined the evidence provided by both the applicant and the unions involved. It considered the arguments presented regarding the classification of specific roles, the appropriateness of the proposed pay rates, and the overall impact on the employees' conditions of employment. The Commission determined that the agreement did not meet the 'better off overall test' as it failed to provide fair and reasonable terms and conditions for the employees. The Commission highlighted that the proposed classification and pay rates for certain positions did not adequately reflect the roles' responsibilities and the employees' contributions.

Consequently, the Commission did not approve the Central Highlands Water Enterprise Agreement 2020. The applicant's application for the agreement's approval was dismissed.

Central Highlands Region Water Corporation T/A Central Highlands Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established