DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Water Corporation T/A Melbourne Water
(AG2017/3497)

MELBOURNE WATER (WATERWAYS AND LAND DELIVERY) ENTERPRISE AGREEMENT 2017.

Water, sewerage and drainage services
COMMISSIONER JOHNS	SYDNEY, 30 OCTOBER 2017

Application for approval of the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2017.

[1] On 14 August 2017, Melbourne Water Corporation T/A Melbourne Water (Applicant) made an application for approval of the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Melbourne Water Corporation, trading as Melbourne Water, sought approval for the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2017. The application was brought before the Commission in light of concerns regarding the fairness and compliance of the proposed agreement with the relevant statutory provisions. The legal issues before the Commission included whether the agreement was appropriately negotiated, whether it complied with the applicable provisions of the Fair Work Act 2009, and whether it met the standard of being "better off overall" for the employees involved.

The Commission considered the process of negotiation and the content of the agreement. It evaluated if the agreement was genuinely negotiated and if the parties had genuinely attempted to reach an agreement. Furthermore, the Commission assessed whether the agreement provided for a fair and reasonable balance of rights and obligations for both parties, and if it offered employees a better overall position than the applicable awards or modern awards. After thorough examination, the Commission found that the agreement met all necessary criteria and was in the best interest of the employees. The Commission approved the agreement, noting its compliance with the Fair Work Act and its fairness to all parties involved.

The Commission's decision was based on a detailed analysis of the negotiation process, the content of the agreement, and its compliance with relevant legislation. The Commission found that the agreement was fairly negotiated and met the "better off overall" test. The Commission concluded that the agreement was fair and reasonable, providing a balance of rights and obligations that was in the best interest of both parties. The Commission approved the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2017, thereby allowing it to come into effect. This decision ensures that the agreement will govern the employment conditions for the relevant employees, promoting fair and equitable workplace practices.

Melbourne Water Corporation T/A Melbourne Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established