DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City West Water Corporation T/A City West Water
(AG2016/7845)

CITY WEST WATER ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2017

Application for approval of the City West Water Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City West 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 City West Water Corporation T/A City West Water. The Agreement is a single enterprise agreement.

[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. 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.

[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 it wants 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 14 March 2017 and, in accordance with s.54, will operate from 21 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

City West Water Corporation, trading as City West Water, applied to the Fair Work Commission for approval of the City West Water Enterprise Agreement 2016. The dispute arose from negotiations between the corporation and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues involved assessing whether the agreement satisfied the procedural and substantive fairness tests. Procedurally, the Commission had to determine if the agreement was genuinely negotiated and if there was sufficient evidence of the negotiation process. Substantively, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, including pay rates, hours of work, and other employment conditions. The Commission examined the evidence provided by both parties, including witness statements and documentary evidence, to ascertain if the agreement was fair and reasonable.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission concluded that the negotiation process was robust and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission highlighted the parties' commitment to resolving issues through negotiation and the comprehensive nature of the agreement as key factors in its decision. Consequently, the Commission approved the City West Water Enterprise Agreement 2016.

The Commission's final order was the approval of the City West Water Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision ensures that the employees of City West Water are covered by a fair and reasonable enterprise agreement, providing a stable and predictable employment framework.

City West Water Corporation T/A City West Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established