DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Water
(AG2015/3982)

GOULBURN VALLEY WATER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	DARWIN, 16 SEPTEMBER 2015

Application for approval of the Goulburn Valley Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Water Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Water. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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(1) of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 24 April 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the parties involved in the dispute were Goulburn Valley Water and its employees, represented by the Australian Manufacturing Workers' Union. The nature of the dispute was the application for the approval of the Goulburn Valley Water Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the Commission had to address included whether the agreement provided for terms and conditions that were at least as favourable as the relevant awards or safety nets, and whether it complied with the requirements for employee representation and dispute resolution. Additionally, the Commission needed to assess if the agreement contained provisions that were consistent with the objects of the Fair Work Act, particularly in relation to promoting harmonious, productive, and cooperative workplace relationships.

The Commission concluded that the agreement met the statutory criteria for approval. It provided terms and conditions that were at least as good as those stipulated in the applicable awards, and it included mechanisms for employee representation and dispute resolution that were satisfactory. The provisions of the agreement were found to align with the broader objectives of the Fair Work Act, fostering cooperative and productive workplace relationships. Consequently, the Commission approved the Goulburn Valley Water Enterprise Agreement 2015.

Goulburn Valley Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established