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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Goulburn Murray Rural Water Corporation, trading as Goulburn Murray Water, and its employees. The dispute centred around the approval of the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2020. The employees, represented by a union, sought approval of the agreement, which included provisions on pay rates, conditions of employment, and other employment-related matters. The corporation, however, argued against certain aspects of the agreement, particularly those related to pay increases and other benefits.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly regarding the requirement for the agreement to be "better off overall" for the employees. The corporation contested that certain pay provisions did not meet this standard, while the union argued that the agreement was fair and met all legislative requirements. The Commission also had to consider whether the agreement met the "good faith" requirement under the Act.

In delivering its decision, the Commission carefully examined the provisions of the agreement in light of the legislative criteria. The Commission found that the agreement, on the whole, provided fair and reasonable terms that met the "better off overall" test. The Commission noted that while some provisions did not provide immediate financial benefits to certain employees, the overall package was fair and balanced. The Commission also found that the agreement was made in good faith. Therefore, the Commission approved the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2020, rejecting the corporation's objections.

The final orders of the Commission included the approval of the Goulburn-Murray Rural Water Corporation Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the corporation as specified within the agreement. The Commission's decision provided clarity and finality to the dispute, allowing the corporation and its employees to move forward with the new enterprise agreement.

Goulburn Murray Rural Water Corporation T/A Goulburn Murray Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established