DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lower Murray Urban and Rural Water Corporation T/A Lower Murray Urban
(AG2015/4950)

LOWER MURRAY URBAN AND RURAL WATER CORPORATION ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lower Murray Urban and Rural Water Corporation 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 Lower Murray Urban and Rural Water Corporation t/a Lower Murray Urban. 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 CPSU, the Community and Public Sector Union, the Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Lower Murray Urban and Rural Water Corporation, trading as Lower Murray Urban, for approval of the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, where the Corporation sought the Commission's approval of the Enterprise Agreement, which was the subject of a dispute between the Corporation and the Australian Services Union (ASU). The ASU opposed the approval of the agreement, contending that it contained provisions that were contrary to the public interest.

The legal issues before the Commission included whether certain clauses in the Enterprise Agreement were inconsistent with the objects of the Fair Work Act 2009 and whether the agreement could be approved despite these inconsistencies. The ASU argued that certain provisions in the agreement, which related to the Corporation's capacity to undertake collective bargaining and the process for resolving disputes, were inconsistent with the public interest. The Corporation, on the other hand, argued that the provisions in question were necessary to ensure that the Corporation could continue to operate efficiently and effectively.

The Commission found that certain clauses in the Enterprise Agreement were inconsistent with the objects of the Fair Work Act. However, the Commission also found that the agreement could be approved despite these inconsistencies. The Commission considered that the provisions in question were necessary to ensure that the Corporation could continue to operate effectively and that the overall benefits of the agreement outweighed any potential detriments. The Commission ultimately approved the Enterprise Agreement, subject to certain modifications to address the inconsistencies identified.

The Commission ordered that the Enterprise Agreement be approved, subject to the modifications. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the Corporation take all necessary steps to implement the agreement. The Commission further ordered that the agreement would be in effect from 1 July 2015 and would remain in force until 30 June 2019.

Lower Murray Urban and Rural Water Corporation T/A Lower Murray Urban

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established