DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Water Corporation
(AG2015/5543)

HUNTER WATER CORPORATION EMPLOYEES’ ENTERPRISE AGREEMENT 2015

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

Application for approval of the Hunter Water Corporation Employees’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Water Corporation Employees’ Enterprise 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[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

The Hunter Water Corporation brought an application to the Fair Work Commission for approval of the Hunter Water Corporation Employees’ Enterprise Agreement 2015. The respondents, representing employees, opposed the application. The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for fair and reasonable terms and conditions of employment.

The Commission began its analysis by examining the general protections outlined in the Fair Work Act. It considered the fairness of the terms regarding pay rates, allowances, and conditions of employment, including any variations from the existing award. The Commission also assessed the procedural fairness of the agreement, including the process by which it was negotiated and the extent of employee consultation. The Commission gave particular attention to whether the agreement complied with the 'better-off overall test', which ensures that employees are not worse off under the new agreement than they were under the previous award.

After thorough consideration, the Commission found that the proposed enterprise agreement was fair and reasonable. The terms were considered to provide adequate protections for employees while also accommodating the needs of the employer. The process by which the agreement was negotiated was deemed to be fair, and the consultation process was found to be adequate. The Commission was satisfied that employees would not be worse off under the new agreement, fulfilling the better-off overall test. Consequently, the Commission approved the Hunter Water Corporation Employees’ Enterprise Agreement 2015.

The Fair Work Commission approved the Hunter Water Corporation Employees’ Enterprise Agreement 2015, subject to certain conditions. The agreement was to be registered and enforceable as of a specified date. The approval included the terms of the agreement, which would govern the employment conditions of the employees for the duration of the agreement. The Commission's decision provided clarity and finality to the employment terms, ensuring that both the employer and employees had a clear understanding of their rights and obligations under the new agreement.

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