City West Water Corporation

Case [2015] FWCA 4211


[2015] FWCA 4211 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

City West Water Corporation
(AG2015/2953)

CITY WEST WATER ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services

COMMISSIONER BISSETT

MELBOURNE, 23 JUNE 2015

Application for approval of the City West Water Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City West Water Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City West Water Corporation. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union 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(1) of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure

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Details
AGLC
City West Water Corporation [2015] FWCA 4211
Case
[2015] FWCA 4211
Decision Date

CaseChat Overview and Summary

City West Water Corporation applied to the Fair Work Commission for approval of the City West Water Enterprise Agreement 2014. The corporation is a water utility company in Australia, and the dispute concerns the terms and conditions of employment for its staff. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable safety net of minimum wages and conditions, and whether it complied with the requirements for good faith bargaining. Additionally, the Commission considered whether the agreement provided for adequate protection of employees' rights and whether it was consistent with the objects of the Fair Work Act.

The Fair Work Commission found that the City West Water Enterprise Agreement 2014 met the statutory requirements for approval. The Commission noted that the agreement provided for a fair and reasonable safety net of minimum wages and conditions, and that it complied with the requirements for good faith bargaining. The Commission also found that the agreement provided for adequate protection of employees' rights and was consistent with the objects of the Fair Work Act.

The Fair Work Commission approved the City West Water Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions relating to redundancy and termination of employment, as well as changes to the agreement's dispute resolution provisions. The Commission also made a declaration that the agreement would be in effect from 1 July 2014.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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