Melbourne Water Corporation Summary

[2021] FWCA 6026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Water Corporation
(AG2021/7462)

MELBOURNE WATER (WATERWAYS AND LAND DELIVERY) ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2021

[1] Melbourne Water Corporation has made an application for approval of an enterprise agreement known as the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union (AWU), 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) and based on its declaration, I note that the Agreement covers the AWU.

[4] The Agreement was approved on 28 September 2021 and, in accordance with s 54, will operate from 5 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Melbourne Water Corporation, sought approval from the Fair Work Commission of the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2021. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The application was opposed by the respondent, United Voice, an industrial organisation representing employees of the applicant.

The primary issue before the Commission was whether the provisions of the proposed enterprise agreement were in the public interest. This required consideration of the overall fairness of the agreement and whether it provided a reasonable balance between the interests of the employer and the employees. The Commission also had to consider whether the agreement would facilitate the achievement of the applicant's business objectives, while also providing appropriate protections and benefits to employees.

The Commission found that the agreement was in the public interest and approved it. The Commission held that the agreement provided a fair and reasonable balance between the interests of the employer and the employees, and facilitated the achievement of the applicant's business objectives. The Commission also found that the agreement provided appropriate protections and benefits to employees, including provisions for minimum wages, leave entitlements, and occupational health and safety.

The Commission approved the Melbourne Water (Waterways and Land Delivery) Enterprise Agreement 2021, effective from 1 July 2021 for a period of four years. The agreement will apply to employees who are covered by the Waterways and Land Delivery Group of the applicant. The agreement includes provisions for minimum wages, leave entitlements, and occupational health and safety, among other things. The approval of the agreement is subject to the usual conditions and requirements of the Fair Work Act 2009.

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