DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coliban Region Water Authority
(AG2015/1445)

COLIBAN WATER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 23 JUNE 2015

Application for approval of the Coliban Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coliban Water Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coliban Region Water Authority. 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.

[3] 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.

[4] 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 28 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Coliban Region Water Authority lodged an application for the approval of the Coliban Water Enterprise Agreement 2015. The application was contested by the Australian Services Union. The central issue before the Commission was whether the terms of the proposed agreement were fair and reasonable in all respects, in accordance with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement appropriately balanced the interests of the employees and the employer, ensuring it was not unduly harsh, unjust, or oppressive.

The Commission examined the terms of the agreement, focusing on the pay rates, conditions, and other employment terms proposed. It considered submissions from both parties, including the economic and operational context of the enterprise. The authority argued that the agreement was necessary to maintain competitiveness and sustainability in the water industry, while the union contended that certain provisions adversely affected employee conditions and entitlements. The Commission carefully weighed these arguments, taking into account the need for a fair and balanced outcome that reflected the interests of both parties.

Ultimately, the Commission found that the proposed agreement was fair and reasonable in all respects. It determined that the terms struck an appropriate balance between the interests of the employer and the employees, and did not contain any provisions that were unduly harsh, unjust, or oppressive. The Commission approved the Coliban Water Enterprise Agreement 2015, recognising the necessity of the terms in the context of the water industry. The decision was made in the interest of maintaining a fair and equitable workplace while acknowledging the unique challenges faced by the industry.

Coliban Region Water Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established