Lower Murray Urban and Rural Water Corporation

[2013] FWCA 170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lower Murray Urban and Rural Water Corporation
(AG2012/14256)

LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2012

Water, sewerage and drainage services
COMMISSIONER HAMPTON	ADELAIDE, 9 JANUARY 2013

Application for approval of the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lower Murray Urban and Rural Water Corporation. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia and CPSU, the Community and Public Sector Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lower Murray Urban and Rural Water Corporation (the "corporation") applied to the Fair Work Commission for the approval of an Enterprise Agreement. The proposed agreement was a revision of the one concluded in 2008. The application was opposed by the Australian Services Union. The corporation is a statutory body created under the Lower Murray Urban and Rural Water Corporation Act 1992 (SA). The corporation provides water and sewerage services to a number of councils in the lower Murray region. The dispute concerned the terms and conditions of employment of the corporation's employees. The opposition argued that the proposed agreement contained terms that were less favourable than those contained in the existing agreement. It was submitted that these terms were contrary to the principles of the Fair Work Act 2009 (Cth) ("the Act").

The Fair Work Commission was required to determine whether the proposed agreement should be approved. The central issue was whether the proposed terms and conditions of employment were appropriate. The commission was required to consider whether the proposed agreement was in accordance with the principles of the Act and whether the agreement was consistent with the "better off overall test". The commission was also required to determine whether the proposed agreement was consistent with the public interest and whether it was appropriate for the corporation as an employer.

The commission found that the proposed agreement was consistent with the principles of the Act. It was satisfied that the proposed agreement met the "better off overall test". The commission was also satisfied that the proposed agreement was consistent with the public interest and was appropriate for the corporation. The commission approved the proposed agreement. It was satisfied that the proposed agreement provided for a fair and reasonable outcome for both the employees and the corporation. The commission was satisfied that the proposed agreement would facilitate the efficient operation of the corporation.

The commission approved the proposed Enterprise Agreement. It was satisfied that the proposed agreement was consistent with the principles of the Act and met the "better off overall test". The commission was also satisfied that the proposed agreement was consistent with the public interest and was appropriate for the corporation. The commission was satisfied that the proposed agreement provided for a fair and reasonable outcome for both the employees and the corporation. The commission was satisfied that the proposed agreement would facilitate the efficient operation of the corporation. The commission approved the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established