Goulburn Valley Water Summary

[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

Annexure A

CaseChat Overview and Summary

Goulburn Valley Water, a water corporation in Victoria, sought approval of the 2022 Enterprise Agreement. The application was made before the Fair Work Commission. The agreement, if approved, would apply to the corporation's employees. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it complied with the Fair Work Act 2009.

The Commission examined the agreement's provisions to ensure they were in line with the Act. Key areas of scrutiny included the agreement's coverage of employees, the process of its negotiation, and its compliance with minimum terms and conditions. The Commission considered whether the agreement provided fair and reasonable terms and whether it had been made in good faith. The Commission also evaluated the impact of the agreement on the employees' entitlements and the potential for any adverse economic effects.

After thorough examination, the Commission found that the agreement satisfied all statutory requirements. It confirmed that the agreement was made in good faith, covered all relevant employees, and provided fair and reasonable terms. The Commission approved the agreement, noting that it did not set terms below the minimum standards and did not have any adverse economic effects. The approval ensures that the agreement can now be implemented for the benefit of the employees and the corporation.

The Commission's decision approved the Goulburn Valley Water Enterprise Agreement 2022, confirming it as a lawful and fair agreement for the employees. The approval was made in accordance with the statutory requirements and the principles of the Fair Work Act 2009.

Goulburn Valley Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established