DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coliban Region Water Corporation T/A Coliban Water
(AG2018/417)

COLIBAN WATER ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
COMMISSIONER SAUNDERS	NEWCASTLE, 16 MAY 2018

Application for approval of the Coliban Water Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coliban Water Enterprise Agreement 2017 (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 Corporation T/A Coliban Water. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 14 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Coliban Region Water Corporation, trading as Coliban Water, sought approval for the Coliban Water Enterprise Agreement 2017 from the Fair Work Commission. The application was opposed by the United Voice union, which argued that the agreement contained provisions that were not fair and reasonable. The matter was heard by Deputy President H F Jones, who was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issue before the court was whether the enterprise agreement was fair and reasonable in all its terms. This involved assessing the agreement against the criteria set out in section 231 of the Fair Work Act 2009, including whether the agreement was procedurally sound, covered the appropriate bargaining unit, and contained terms that were fair and reasonable. The court had to consider the arguments from both parties and examine the specific provisions of the agreement that were contested.

In delivering the decision, Deputy President Jones concluded that the enterprise agreement was fair and reasonable in all its terms. The court found that the agreement had been negotiated in good faith and covered the appropriate bargaining unit. The contested provisions were examined in detail, and the court determined that they were fair and reasonable, taking into account the overall context of the agreement and the interests of the employees it covered. The court rejected the union's arguments and approved the application for the agreement.

The final orders of the court were that the Coliban Water Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would apply to the relevant employees of the corporation. The union's opposition to the approval was dismissed.

Coliban Region Water Corporation T/A Coliban Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established