Goulburn Valley Water
[2022] FWCA 3818
•8 NOVEMBER 2022
| [2022] FWCA 3818 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Goulburn Valley Water
(AG2022/4265)
Goulburn Valley Water Enterprise Agreement 2022
| Water, sewerage and drainage services | |
| COMMISSIONER MIRABELLA | MELBOURNE, 8 NOVEMBER 2022 |
Application for approval of the Goulburn Valley Water Enterprise Agreement 2022.
Goulburn Valley Water (the Employer) has made an application for approval of an enterprise agreement known as the Goulburn Valley Water Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 28.13 – Compassionate leave
· Clause 15 – Abandonment of employment
However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 8 November 2022 and, in accordance with s.54, will operate from 15 November 2022. The nominal expiry date of the Agreement is 10 May 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518005 PR747445>
Annexure A
0
0
0