Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water

[2022] FWCA 1338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water

(AG2022/621)

Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2022

Application for approval of the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union, the Community and Public Sector Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 26 April 2022. The nominal expiry date of the Agreement is 15 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Goulburn Murray Rural Water Corporation, trading as Goulburn Murray Water, applied to the Fair Work Commission for approval of the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021. The application arose from negotiations between the corporation and its employees, represented by the Australian Council of Trade Unions, regarding terms and conditions of employment. The dispute centred on the content of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum entitlements, whether it allowed for the exercise of lawful industrial action, and whether it had been fairly negotiated. The Commission also needed to determine if the proposed agreement contained any terms that were contrary to public policy or not in the best interests of the employees or the corporation. The key question was whether the agreement met all statutory criteria for approval under the Fair Work Act.

In its decision, the Fair Work Commission found that the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021 met all the necessary statutory requirements for approval. The Commission determined that the agreement provided for the minimum entitlements set out in the Act, allowed for lawful industrial action, and had been fairly negotiated. The Commission also found that none of the terms were contrary to public policy or detrimental to the interests of either party. The agreement was thus approved, ensuring that the terms and conditions of employment were legally sound and fair to both the corporation and its employees.

The final orders of the Commission were that the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between the corporation and its employees, subject to the rights and obligations established by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established