DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Region Water Corporation T/A Central Highlands Water
(AG2016/5723)

CENTRAL HIGHLANDS WATER ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Central Highlands Water Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Water Enterprise Agreement 2016 (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 Water Region Corporation T/A Central Highlands 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.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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 21 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Highlands Region Water Corporation, trading as Central Highlands Water, applied to the Fair Work Commission for approval of the Central Highlands Water Enterprise Agreement 2016. The dispute arose from negotiations between the corporation and its employees, represented by the Australian Manufacturing Workers' Union. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees.

In reaching its decision, the Commission considered various factors including the nature of the enterprise, the bargaining positions of the parties, and the terms and conditions proposed in the agreement. The Commission noted that the agreement contained provisions for wages, leave, and other employment-related matters, which appeared to be fair and reasonable. The Commission also found that the agreement was in the best interests of the employees as it provided for a structured process for resolving disputes and ensured job security through provisions relating to redundancy and retrenchment.

The Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act. The approval was subject to certain conditions, including a requirement for the parties to undertake further negotiations if requested by the Commission. The decision underscored the importance of fair and reasonable terms and conditions in enterprise agreements, and highlighted the role of the Commission in ensuring that agreements are in the best interests of employees.

The Fair Work Commission approved the Central Highlands Water Enterprise Agreement 2016, subject to certain conditions. The approval was granted as the Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. The decision reinforces the importance of fair negotiations and the role of the Commission in ensuring that enterprise agreements meet the necessary standards.

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

Reasons for decision

Legal Principle Established