Essential Energy T/A Essential Water

[2020] FWCA 147

[2020] FWCA 147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Energy T/A Essential Water
(AG2019/4645)

ESSENTIAL WATER ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JANUARY 2020

Application for approval of the Essential Water Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Essential Water Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essential Energy T/A Essential Water. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Broken Hill Town Employees’ Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the United 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.

[6] The Agreement was approved on 10 January 2020 and, in accordance with s.54, will operate from 20 January 2020. The nominal expiry date of the Agreement is 28 October 2022.

COMMISSIONER

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Annexure A