East Gippsland Region Water Corporation T/A East Gippsland Water

[2022] FWCA 218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East Gippsland Region Water Corporation T/A East Gippsland Water

(AG2021/9107)

East Gippsland Water Enterprise Agreement 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JANUARY 2022

Application for approval of the East Gippsland Water Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the East Gippsland Water Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Gippsland Region Water Corporation T/A East Gippsland Water. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

I note that Clauses 11.3.5.1 and 24.1.4.2 appear inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 10 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the East Gippsland Region Water Corporation trading as East Gippsland Water, the applicant sought the Fair Work Commission's approval for the Enterprise Agreement 2021. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees it covered. The Fair Work Commission was the forum for resolving this matter.

The primary legal issues before the Commission involved assessing whether the agreement complied with the statutory provisions outlined in the Fair Work Act, including whether it contained the minimum terms and conditions mandated by law. Additionally, the Commission needed to determine if the agreement was procedurally sound, ensuring that it was negotiated in good faith, and substantively fair, providing adequate protections and benefits to the employees. The Commission had to balance these considerations to decide whether to approve the agreement.

The Fair Work Commission, after thorough deliberation, found that the East Gippsland Water Enterprise Agreement 2021 satisfied the legislative criteria. The Commission determined that the agreement was negotiated in good faith, contained all mandatory terms and conditions, and provided fair and reasonable protections and benefits for the employees. Consequently, the Commission approved the agreement, acknowledging its comprehensive coverage and the fair treatment of employees' rights and entitlements.

The final orders of the Commission were that the East Gippsland Water Enterprise Agreement 2021 be approved as of 1 July 2021, with the terms set out in the agreement to apply to the relevant employees. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would operate effectively within the legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established