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

[2022] FWCA 20

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/8975)

Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2021

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2022

Application for approval of the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lower Murray Urban and Rural Water Corporation T/A Lower Murray Water. The Agreement is a single enterprise agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Community and Public Sector Union 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Lower Murray Urban and Rural Water Corporation sought approval for their 2021 Enterprise Agreement from the Fair Work Commission. The corporation, trading as Lower Murray Water, operates in the water and sewerage industry and is engaged in negotiations with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which the corporation aimed to have formally endorsed to regulate the employment relationship with its staff.

The primary legal issues before the Commission involved whether the agreement provided adequate protections for employees, ensured fair treatment, and complied with relevant federal workplace laws. The Commission had to assess if the agreement met the statutory criteria for approval, which included ensuring that the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate, and was not contrary to public policy.

The Fair Work Commission found that the proposed agreement was compliant with the relevant legislative framework and met the necessary criteria for approval. The Commission considered the specific circumstances of the industry and the corporation, acknowledging the importance of a balanced agreement that catered to both the operational needs of the corporation and the rights of employees. The Commission determined that the agreement was fair and reasonable, and therefore, approved the application for the Lower Murray Urban and Rural Water Corporation Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established