Melbourne Water Corporation T/A Melbourne Water

[2020] FWCA 4998

[2020] FWCA 4998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Water Corporation T/A Melbourne Water
(AG2020/2611)

MELBOURNE WATER ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 SEPTEMBER 2020

Application for approval of the Melbourne Water Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Water Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Water Corporation T/A Melbourne Water. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 September 2020 and, in accordance with s.54, will operate from 24 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A