Grampians Wimmera Mallee Water T/A GWMWater

[2022] FWCA 3027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grampians Wimmera Mallee Water T/A GWMWater

(AG2022/3341)

GWMWater Enterprise Agreement 2022

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the GWMWater Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GWMWater Enterprise Agreement 2022 (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 GWMWater. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 22.2.1 and 39.2.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 22.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union, the Community and Public Sector Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 14 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Grampians Wimmera Mallee Water, trading as GWMWater, which sought approval for the GWMWater Enterprise Agreement 2022. The dispute was heard in the Fair Work Commission, where the commission was tasked with assessing the fairness and appropriateness of the proposed agreement.

The legal issues before the commission included whether the agreement contained appropriate provisions for the terms and conditions of employment, whether it adhered to the relevant federal and state laws, and whether it met the standards of procedural fairness. The commission had to consider the balance of rights and obligations between the employer and the employees, ensuring that the agreement did not unfavourably discriminate against any group of employees.

The commission found that the GWMWater Enterprise Agreement 2022 met the necessary standards. It determined that the agreement provided for appropriate terms and conditions of employment, and that it adhered to relevant laws. The commission also concluded that the agreement had been negotiated in good faith and that the process followed was procedurally fair. Based on these findings, the commission approved the agreement.

As a result, the Fair Work Commission granted the approval for the GWMWater Enterprise Agreement 2022 to take effect. The decision underscores the commission's role in ensuring that enterprise agreements are fair and balanced, while also providing flexibility in workplace arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established