DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Gippsland Region Water Corporation T/A East Gippsland Water
(AG2015/3091)

EAST GIPPSLAND WATER CORPORATION ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 4 AUGUST 2015

Application for approval of the East Gippsland Water Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the East Gippsland Water Corporation Enterprise Agreement 2014 (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.

[2] The Applicant 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical & 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.

[5] The Agreement was approved on 4 August 2015 and, in accordance with s.54, will operate from 11 August 2015. The nominal expiry date of the Agreement is 11 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of East Gippsland Region Water Corporation trading as East Gippsland Water, the Fair Work Commission was tasked with approving the enterprise agreement proposed by the corporation. The application for approval was brought before the Commission in light of the corporation's need to formalise its employment terms with its workforce. The legal issues before the Commission involved the interpretation and compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009.

The Commission considered whether the agreement met the statutory requirements for employee coverage, the fairness of the terms and conditions proposed, and the manner in which the agreement was formed. The Commission also examined if the agreement adequately provided for the rights and obligations of the parties, and whether it was made in good faith and without coercion. The Commission noted that the agreement was the result of negotiations between the corporation and the employees' representatives, and it scrutinised the process to ensure it was fair and transparent.

Upon examining the evidence presented, the Commission found that the proposed enterprise agreement was comprehensive and covered all necessary aspects of employment conditions. The terms and conditions were deemed to be fair and reasonable, and the process of forming the agreement was conducted in good faith. Consequently, the Commission approved the enterprise agreement, recognising its alignment with the statutory requirements and its capacity to provide for the interests of both the corporation and its employees. The approval of the agreement ensures that the employment conditions are formally recognised and regulated, providing stability and clarity in the workplace.

East Gippsland Region Water Corporation T/A East Gippsland Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established