DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Water Corporation
(AG2015/5540)

APESMA (HUNTER WATER CORPORATION) AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 9 OCTOBER 2015

Application for approval of the APESMA (Hunter Water Corporation) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the APESMA (Hunter Water Corporation) 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 Hunter Water Corporation. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, 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), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Water Corporation, an entity responsible for water and sewerage services in the Hunter region of New South Wales, applied to the Industrial Relations Commission of New South Wales for approval of the APESMA (Hunter Water Corporation) Agreement 2015. This agreement, if approved, would regulate the employment terms and conditions of certain employees of Hunter Water Corporation. The dispute centred on whether the agreement complied with the relevant industrial relations laws and whether it met the requirements for approval.

The primary legal issues that the Commission was required to address were whether the agreement was a “registered agreement” as defined by the relevant industrial relations legislation and whether it complied with the prescribed conditions for such agreements. The Commission also needed to determine if the agreement was made in good faith and if it was appropriate for the employees affected by it.

The Commission found that the agreement was indeed a registered agreement, as it contained all the necessary elements and had been made in good faith. The agreement also complied with the relevant provisions of the industrial relations legislation, including the prescribed conditions for approval. The Commission was satisfied that the agreement was appropriate for the employees covered by it, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the APESMA (Hunter Water Corporation) Agreement 2015.

The Industrial Relations Commission of New South Wales approved the APESMA (Hunter Water Corporation) Agreement 2015, finding that it was a registered agreement made in good faith and in compliance with the relevant industrial relations legislation. The agreement was deemed appropriate for the employees it covered, providing fair and reasonable terms and conditions of employment.

Hunter Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established