Goulburn Valley Region Water Corporation T/A Goulburn Valley Water

[2013] FWCA 301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Region Water Corporation T/A Goulburn Valley Water
(AG2012/14408)

GOULBURN VALLEY WATER ENTERPRISE AGREEMENT 2011

Water, sewerage and drainage services
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2013

Application for approval of the Goulburn Valley Water Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Water Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Goulburn Valley Region Water Corporation T/A Goulburn Valley Water. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 19 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Goulburn Valley Water Enterprise Agreement 2011, which was submitted by the Goulburn Valley Region Water Corporation, trading as Goulburn Valley Water. The primary dispute centred on the terms and conditions of employment for the corporation's workforce, with a specific focus on the changes proposed by the enterprise agreement. The application was heard and determined by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and ensuring compliance with employment standards and enterprise agreements in Australia.

The central legal issues that the Commission needed to address included whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly with respect to procedural fairness, good faith bargaining, and the overall benefit of the agreement for the employees. The Commission also had to determine if the agreement complied with the "better off overall test," ensuring that employees were no worse off financially and had certain benefits compared to the previous conditions. Additionally, the Commission examined whether the agreement was consistent with the "national system" provisions, which mandate that certain workplace rights and conditions are uniformly applied across Australia.

In delivering its decision, the Fair Work Commission carefully reviewed the submissions and evidence presented by both parties. The Commission found that the Goulburn Valley Water Enterprise Agreement 2011 met all necessary criteria, including procedural fairness and the better off overall test. The Commission was satisfied that the agreement was the product of good faith bargaining and was beneficial to the employees overall. Consequently, the Commission approved the enterprise agreement, recognising it as a fair and reasonable set of terms and conditions for the employees of the Goulburn Valley Region Water Corporation. The Commission's approval ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the corporation and its workforce moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established