Central Highlands Regional Water Corporation

[2013] FWCA 786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Regional Water Corporation
(AG2012/14448)

CENTRAL HIGHLANDS WATER ENTERPRISE AGREEMENT 2012

Water, sewerage and drainage services
VICE PRESIDENT WATSON	SYDNEY, 5 FEBRUARY 2013

Application for approval of the Central Highlands Water Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Water Enterprise Agreement 2012 (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 Corporation. The Agreement is a single enterprise

[2] 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 5 February 2013 and, in accordance with s.54, will operate from 12 February 2013. The nominal expiry date of the Agreement is 8 July 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Central Highlands Regional Water Corporation sought approval of a proposed water enterprise agreement from 2012. The application was heard in the Fair Work Commission. The corporation argued that the agreement was fair and reasonable, while the unions representing the workers contended that it was unfair and should not be approved. The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it provided fair and reasonable terms and conditions of employment for the affected workers.

The Commission found that the proposed agreement was largely compliant with the Fair Work Act 2009 and other relevant legislation. It noted that the agreement contained provisions that went beyond the minimum entitlements required by law, and that it provided for a fair and reasonable balance of interests between the corporation and the workers. The Commission also found that the agreement provided for appropriate mechanisms for dispute resolution, and that it was not likely to have an adverse effect on the broader industrial relations system. Having considered all the evidence and arguments, the Commission approved the proposed agreement.

The Fair Work Commission approved the Central Highlands Water Enterprise Agreement 2012, finding that it provided fair and reasonable terms and conditions of employment for the affected workers, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement went beyond the minimum entitlements required by law, and that it provided for appropriate mechanisms for dispute resolution. The approval of the agreement is effective from the date of the Commission's decision, and will apply to all workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established