DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland & Southern Rural Water Corporation T/A Southern Rural Water
(AG2018/4601)

SOUTHERN RURAL WATER (SRW) ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Southern Rural Water (SRW) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Rural Water (SRW) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland & Southern Rural Water Corporation T/A Southern Rural 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.

[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 CPSU, the Community and Public Sector Union, and The Australian Workers’ 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 these organisations.

[5] The Agreement was approved on 5 December 2018 and, in accordance with s.54, will operate from 12 December 2018. The nominal expiry date of the Agreement is 9 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Gippsland & Southern Rural Water Corporation, trading as Southern Rural Water (SRW), applied for approval of the SRW Enterprise Agreement 2017. The application was heard by the Fair Work Commission, where the corporation sought to have the enterprise agreement registered under the Fair Work Act 2009. The applicant argued that the agreement met all necessary legal requirements and was in line with the provisions of the Act. The dispute centred on whether the agreement complied with the Act's provisions and if it had been genuinely negotiated between the employer and the employees.

The legal issues that the Commission had to address involved the validity of the agreement and the process through which it was negotiated. The primary concerns were whether the agreement had been made in good faith, whether it provided for the employees' rights and interests, and whether it complied with the specific sections of the Fair Work Act. Furthermore, the Commission had to consider whether the agreement adhered to the requirements for the proper certification and registration of an enterprise agreement under the Act.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties and considered the requirements set out in the Fair Work Act. The Commission determined that the agreement was genuinely negotiated and met all the statutory requirements for such agreements. The evidence showed that the agreement was made in good faith and provided for the employees' rights and interests. The Commission found that the agreement complied with the Act and was in line with the provisions for the proper certification and registration of an enterprise agreement. Consequently, the Commission approved the application and registered the SRW Enterprise Agreement 2017.

The Fair Work Commission's final orders were that the SRW Enterprise Agreement 2017 be registered under the Fair Work Act 2009, effective from the date of registration. The Commission's decision confirmed the validity of the agreement and provided clarity for both the Gippsland & Southern Rural Water Corporation and its employees. This outcome ensures that the agreement remains in force, governing the employment terms and conditions for the employees of the corporation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established