Greater Western Water

[2024] FWCA 2226

[2024] FWCA 2226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greater Western Water

(AG2024/1819)

GREATER WESTERN WATER ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER ALLISON	MELBOURNE, 17 JUNE 2024

Application for approval of the Greater Western Water Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Greater Western Water Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Western Water. The Agreement is a single enterprise agreement.

1. On 3 June 2024, my Chambers sent correspondence to the parties outlining a number of potential issues with the Agreement. These issues were:

• The definition of Shiftworker provided in Clause 2.1 of the Agreement did not state that it applies for the purposes of the additional week of annual leave provided to shiftworkers in accordance with the National Employment Standards (NES). Clause 41, relating to annual leave, also did not outline that shiftworkers are entitled to an additional week of annual leave. I sought an undertaking to address this issue.

• Clause 29 of the Agreement, relating to annualised salaries for Senior Officers, did not contain an annual reconciliation safeguard for employees on annualised salaries. I sought an undertaking to address this issue.

• Clause 13.6 of the Agreement appeared to be inconsistent with s.203(6)(a) of the Act. I advised the parties that the model flexibility term would be inserted into the Agreement.

1. The Employer has provided written undertakings to address the first and second issues above. 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Municipal, Administrative, Clerical and Services 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 both organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A