DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Water Corporation T/A Melbourne Water
(AG2017/1813)

MELBOURNE WATER ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2017

Application for approval of the Melbourne Water Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Water Enterprise Agreement 2016 (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 Applicant 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.

[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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Melbourne Water Corporation, trading as Melbourne Water, and the union representing its employees. The dispute centred around the application for the approval of the Melbourne Water Enterprise Agreement 2016. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The union argued that the agreement did not adequately address several key issues, including pay equity and the impact on employees' working conditions.

The legal issues before the Commission included whether the agreement satisfied the requirements of a good faith bargain and whether it met the procedural fairness standards outlined in the Act. Additionally, the Commission needed to assess whether the agreement was fair and reasonable in terms of its impact on the employees' working conditions and pay equity. The union contended that the agreement fell short in these respects, and therefore, should not be approved.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties. The Commission determined that while the agreement did not perfectly align with the union's demands, it did represent a genuine attempt at a good faith bargain. The Commission found that the agreement contained provisions that addressed the key concerns raised by the union, including pay equity and working conditions, albeit not to the full extent desired by the union. The Commission concluded that the agreement was fair and reasonable, and therefore, met the criteria for approval under the Act.

Consequently, the Fair Work Commission approved the Melbourne Water Enterprise Agreement 2016. This decision was based on the determination that the agreement, while not ideal for the union, was a fair and reasonable outcome that met the requirements of the Act. The Commission's approval was a reflection of the balance struck between the needs and demands of the employees, as represented by the union, and the operational requirements of Melbourne Water.

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