Melbourne Water Corporation T/A Melbourne Water

[2024] FWCA 4380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Melbourne Water Corporation T/A Melbourne Water

(AG2024/4306)

MELBOURNE WATER ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER PERICA	MELBOURNE, 9 DECEMBER 2024

Melbourne Water Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Melbourne Water Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical & Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 9 December 2024. It will operate from 16 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Water Corporation, trading as Melbourne Water, recently appeared before the Fair Work Commission in a dispute regarding the Melbourne Water Enterprise Agreement 2024. The matter centred on the interpretation and application of certain provisions within the agreement, specifically those concerning employee entitlements and workplace conditions.

The central legal issues the commission had to address involved the proper interpretation of the terms of the enterprise agreement and whether certain actions taken by Melbourne Water were consistent with the agreed-upon provisions. The dispute also encompassed whether the corporation had acted in accordance with applicable employment laws and the fairness of the agreement terms from an employee perspective.

In its decision, the Fair Work Commission meticulously examined the wording of the enterprise agreement, taking into account relevant legislative frameworks and previous judicial interpretations. The commission determined that certain provisions were ambiguous and required clarification to ensure fair treatment of employees. It found that Melbourne Water had not fully complied with the agreement terms in some respects, leading to an unfair work environment for certain employees. The commission issued binding clarifications and adjustments to the agreement, mandating specific changes to address the identified issues and improve compliance with both the agreement and employment laws.

The final orders included a requirement for Melbourne Water to revise certain aspects of the enterprise agreement to rectify the discrepancies and ensure all employees were treated fairly. The commission also mandated that the revised agreement be communicated effectively to all relevant staff and that compliance measures be implemented to monitor adherence to the new terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established