Hunter Water Corporation

[2018] FWCA 6552

[2018] FWCA 6552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Water Corporation
(AG2018/5415)

HUNTER WATER CORPORATION ENGINEERS & SCIENTISTS (APESMA) AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER SAUNDERS	NEWCASTLE, 26 OCTOBER 2018

Application for approval of the Hunter Water Corporation Engineers & Scientists (APESMA) Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

[9] I note the Agreement was negotiated using interest based bargaining principles. Hunter Water Corporation, APESMA and the employees covered by the Agreement benefited from taking such an approach and it is apparent that the Agreement provides the foundation for a productive and rewarding workplace.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A