DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grampians Wimmera Mallee Water T/A GWMWater
(AG2018/6314)

GWMWATER ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2019

Application for approval of the GWMWater Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GWMWater Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 21.2.1 and 7.5 (a) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The CPSU, the Community and Public Sector Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 14 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Grampians Wimmera Mallee Water, trading as GWMWater, was the subject of an application for approval of the GWMWater Enterprise Agreement 2018 before the Fair Work Commission. The application arose from a dispute concerning the terms and conditions of employment for the organisation's workforce. The central issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the Fair Work Commission's approval process for such agreements.

The legal issues before the commission involved scrutinising the agreement's provisions against the statutory criteria outlined in the Fair Work Act. This included ensuring the agreement met the procedural fairness standards, that it was free from prohibited content, and that it complied with the good faith bargaining requirements. Additionally, the commission needed to assess whether the agreement provided appropriate protections and entitlements to employees in line with the national workplace relations system.

The Fair Work Commission, after thorough examination of the agreement and consideration of the evidence presented, determined that the GWMWater Enterprise Agreement 2018 met the necessary legislative requirements. The commission found that the agreement was procedurally sound, did not include any prohibited content, and was the product of good faith bargaining. The agreement was also found to provide fair and reasonable terms and conditions that aligned with the national workplace relations framework. Consequently, the commission approved the enterprise agreement, recognising its compliance with all statutory obligations.

The final orders of the commission approved the GWMWater Enterprise Agreement 2018, subject to the terms and conditions specified in the agreement. This decision formally recognised the agreement as meeting all the legal standards required for approval under the Fair Work Act, thereby enabling its implementation within the organisation.

Grampians Wimmera Mallee Water T/A GWMWater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established