Melbourne Water Corporation Summary

[2013] FWCA 9233

FAIR WORK COMMISSION

DECISION

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

Melbourne Water Corporation
(AG2013/9973)

MELBOURNE WATER CORPORATION ENTERPRISE AGREEMENT 2013

Water, sewerage and drainage services
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Melbourne Water Corporation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Water Corporation Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Melbourne 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, being a bargaining representative 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Melbourne Water Corporation sought approval for the 2013 Enterprise Agreement. The dispute centred on the agreement's terms and conditions, specifically those related to employee classification, pay rates, and various workplace policies. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The legal issues before the Commission included the adequacy of the agreement in addressing the needs of both employees and the corporation, ensuring it was not contrary to public policy, and whether it contained proper dispute resolution mechanisms. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms that did not adversely affect employees' employment conditions.

The Commission examined the submissions from both parties and evaluated the agreement against statutory provisions and relevant precedents. It found that the agreement was fair and reasonable, meeting the necessary criteria for approval. The Commission highlighted that the agreement provided for adequate pay rates, employee classification, and included effective dispute resolution processes. The Commission also noted that the agreement did not contain any terms that were contrary to public policy or detrimental to the employees' conditions.

The Fair Work Commission approved the Melbourne Water Corporation Enterprise Agreement 2013, determining it to be fair and reasonable. The decision confirmed the agreement as legally compliant and suitable for implementation, thus resolving the application brought forth by Melbourne Water Corporation.

Melbourne Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established