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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Essential Energy T/A Essential Water, the Fair Work Commission was tasked with considering an application for approval of the Essential Water Enterprise Agreement 2019. The dispute arose between the employer, Essential Energy, and the employees' representative, the Australian Manufacturing Workers' Union. The primary issue before the Commission was whether the agreement should be approved, given the provisions outlined within it.

The legal issues encompassed whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant award or safety net award. Furthermore, the Commission assessed whether the agreement was made in good faith and if it contained appropriate dispute resolution mechanisms.

In deliberating on the matter, the Commission examined the provisions of the agreement in detail, considering the balance of rights, obligations, and entitlements for both parties. The Commission concluded that the agreement contained terms and conditions that did not undermine the safety net provided by the relevant awards. Additionally, the agreement included provisions for dispute resolution, which the Commission found to be appropriate. Consequently, the Commission approved the Essential Water Enterprise Agreement 2019, finding it to be compliant with the statutory requirements and in good faith.

Essential Energy T/A Essential Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established