Gippsland And Southern Rural Water Corporation T/A Southern Rural Water

[2022] FWCA 4003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gippsland And Southern Rural Water Corporation T/A Southern Rural Water

(AG2022/4490)

Southern Rural Water (SRW) Enterprise Agreement 2022

Water, sewerage and drainage services
COMMISSIONER HUNT	BRISBANE, 16 NOVEMBER 2022

Application for approval of the Southern Rural Water (SRW) Enterprise Agreement 2022

Gippsland And Southern Rural Water Corporation T/A Southern Rural Water (the Employer) has applied for approval of an enterprise agreement known as the Southern Rural Water (SRW) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. Of the bargaining representatives who provided views, none opposed the undertakings given by the Employer.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (the AWU) and the Community & Public Sector Union (the CPSU) being bargaining representatives 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) of the Act I note that the Agreement covers the AWU and CPSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 9 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, the Gippsland and Southern Rural Water Corporation, trading as Southern Rural Water, applied for the approval of the Southern Rural Water Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for the employees within the organisation. The Commission was tasked with determining whether the agreement was fair and reasonable, particularly in the context of the statutory criteria set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Act, including its fairness and reasonableness in terms of pay, conditions, and overall employee treatment. The Commission also had to consider the specific circumstances of the employees, including their roles, the nature of their work, and the broader economic environment. The parties presented extensive arguments on these points, supported by detailed submissions and evidence.

After thorough consideration of the arguments and evidence, the Commission found that the proposed agreement was fair and reasonable. The Commission was satisfied that the agreement appropriately balanced the interests of the employer and the employees, providing for equitable pay and conditions while also allowing for operational flexibility. The agreement was thus approved, reflecting a considered assessment of the statutory criteria and the specific context of the enterprise.

No additional orders were made by the Commission beyond the approval of the agreement. The decision provides a clear framework for the terms and conditions of employment going forward, offering clarity and certainty to both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established