DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City West Water Corporation T/A City West Water
(AG2019/3265)

CITY WEST WATER ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 25 OCTOBER 2019

Application for approval of the City West Water Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City West Water Enterprise Agreement 2019 (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] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen,

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 these organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 1 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of City West Water Corporation trading as City West Water, the application pertains to the approval of the City West Water Enterprise Agreement 2019. The case was heard in the Fair Work Commission. The application was brought by the employer, City West Water Corporation, seeking the Commission's approval for the proposed agreement, which aimed to regulate the employment conditions of certain of its employees.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated minimum terms and conditions, and if it met the procedural requirements for enterprise agreements as outlined in the Act. The dispute also involved assessing whether the agreement was fairly negotiated and if it provided adequate protections for the employees.

The Fair Work Commission concluded that the proposed agreement did indeed comply with the statutory requirements. The Commission found that all mandated minimum terms and conditions were included, and that the agreement had been fairly negotiated. The procedural requirements were also satisfied, as the necessary steps had been followed in the agreement's development. The Commission was satisfied that the agreement provided appropriate protections for the employees, and thus approved the application for the City West Water Enterprise Agreement 2019.

The final orders of the Commission included the approval of the City West Water Enterprise Agreement 2019, effective from the date of the Commission's decision. This decision allows the agreement to govern the employment conditions of the relevant employees, subject to the terms and conditions outlined within the approved document.

City West Water Corporation T/A City West Water

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established