Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water

[2020] FWCA 5860

[2020] FWCA 5860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water
(AG2020/3026)

GOULBURN-MURRAY RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2020 (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.

[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. 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 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union and the Community and Public Sector 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 is approved and in accordance with s.54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 15 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509427  PR724191>

Annexure A