Coliban Region Water Corporation T/A Coliban Water Summary

[2022] FWCA 396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coliban Region Water Corporation T/A Coliban Water
(AG2021/9296)

COLIBAN WATER ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2022

Application for approval of the Coliban Water Enterprise Agreement 2021

[1] Coliban Region Water Corporation T/A Coliban Water (the Applicant) has made an application for approval of an enterprise agreement known as the Coliban Water Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 January 2022.

[3] The Association of Professional Engineers, Scientists and Managers Australia
[4] and the 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) of the Act I note that the Agreement covers these organisations.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Coliban Region Water Corporation, trading as Coliban Water, applied for approval of the Coliban Water Enterprise Agreement 2021. The applicant sought the Fair Work Commission's approval of the agreement under section 231 of the Fair Work Act 2009. The application was made on behalf of the applicant by the applicant's Chief Executive Officer. The applicant's employees, represented by the Australian Manufacturing Workers Union, opposed the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act, particularly in relation to the appropriate bargaining scope and the balance of interests between the parties.

The central legal issues before the Commission were whether the agreement was appropriately negotiated and whether it met the criteria for approval under section 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it covered the appropriate bargaining scope, and if it balanced the interests of both parties. The applicant argued that the agreement was genuinely negotiated and covered the appropriate bargaining scope, while the union contended that the agreement did not adequately reflect the interests of the employees.

The Commission found that the agreement was genuinely negotiated and covered the appropriate bargaining scope. It noted that the negotiation process was conducted in good faith and that the agreement reflected a balance of interests between the parties. The Commission was satisfied that the agreement met the criteria for approval under section 231 of the Fair Work Act. The Commission approved the application and authorised the agreement to be registered.

The Fair Work Commission approved the Coliban Water Enterprise Agreement 2021 and directed that it be registered. The Commission found that the agreement was genuinely negotiated and covered the appropriate bargaining scope. The Commission also found that the agreement met the criteria for approval under section 231 of the Fair Work Act and balanced the interests of both parties. The Commission's approval of the agreement ensures that it will have legal effect and be binding on the parties from the date of registration.

Coliban Region Water Corporation T/A Coliban Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established