DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grampians Wimmera Mallee Water T/A GWM Water
(AG2016/2450)

GWMWATER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 6 APRIL 2016

Application for approval of the GWMWater Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GWMWater 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 Grampians Wimmera Mallee Water T/A GWM 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 Australian Municipal, Administrative, Clerical and Services Union, the Community and Public Sector Union, The Association of Professional Engineers, Scientists and Managers, Australia and The Australian Workers’ 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 was approved on 6 April 2016 and, in accordance with s.54, will operate from 13 April 2016. The nominal expiry date of the Agreement is 14 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Grampians Wimmera Mallee Water Trading as GWM Water (ACN 160 836 408) applied for approval of the GWMWater Enterprise Agreement 2015. The respondents, who were the employees covered by the agreement, included the Electrical Trade Union of Australia and the Transport Workers Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wage rates, work conditions, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing for a fair and efficient workplace, and whether it provided adequate protections and benefits for the employees. The Commission also needed to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was fair and efficient and provided adequate protections and benefits for the employees. It noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission also found that the agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The application for approval was therefore granted, and the GWMWater Enterprise Agreement 2015 was approved.

The Commission made an order approving the GWMWater Enterprise Agreement 2015, effective from 1 July 2015. The order also provided that the agreement would remain in force until 30 June 2019, subject to the right of either party to give notice to terminate the agreement in accordance with its terms.

Grampians Wimmera Mallee Water T/A GWM Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established