DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd T/A Mitchell Water Australia
(AG2020/840)

MWA WATER INDUSTRY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 MAY 2020

Application for approval of the MWA Water Industry Enterprise Agreement 2020.

[1] Mitchell Water Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MWA Water Industry Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clauses 5.2(c) and 5.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 20 May 2020 and, in accordance with s 54, will operate from 27 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Mitchell Water Australia Pty Ltd, trading as Mitchell Water Australia, which sought approval of the MWA Water Industry Enterprise Agreement 2020. This application was brought under the Fair Work Act 2009, specifically targeting the certification of the agreement by the Fair Work Commission. The applicants argued that the agreement met the necessary criteria for registration, including the facilitation of good faith bargaining and the avoidance of industrial action. The legal issues at the core of this case revolved around the validity and appropriateness of the proposed agreement in terms of its compliance with the statutory requirements for registration. The court had to determine whether the agreement genuinely reflected the outcome of good faith bargaining and if it contained the minimum terms and conditions mandated by the Act.

The court examined the procedural fairness of the agreement's creation, ensuring that all parties involved in the bargaining process had an equal opportunity to contribute and that the agreement was not the result of any form of coercion. Furthermore, the court considered whether the agreement provided adequate protections and benefits for employees while balancing the interests of employers. The court's analysis also included a review of whether the agreement adhered to the standards set forth in the Fair Work Act, particularly focusing on the provisions related to minimum wages and conditions.

In its decision, the court found that the MWA Water Industry Enterprise Agreement 2020 met the necessary criteria for registration. The court was satisfied that the agreement was the product of genuine good faith bargaining and contained the minimum terms and conditions as required by the Act. The court acknowledged the comprehensive nature of the agreement, which provided for fair wages and conditions, and effectively prevented industrial disputes. The court concluded that the agreement was fair and appropriate for registration under the Act. As a result, the court approved the agreement for registration.

Mitchell Water Australia Pty Ltd T/A Mitchell Water Australia

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established