DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Region Water Corporation t/a North East Water
(AG2016/3087)

THE NORTH EAST WATER AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of The North East Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The North East Water Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North East Region Water Corporation t/a North East 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 Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia 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 these organisations.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The North East Region Water Corporation, trading as North East Water, applied to the Fair Work Commission for approval of its 2015 Enterprise Agreement. The application followed a period of negotiation between the corporation and its employees, represented by the Australian Manufacturing Workers' Union (AMWU). The nature of the dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Commission's Melbourne registry.

The legal issues that the Commission had to decide included whether the agreement provided for the proper payment of wages and conditions; whether it allowed for the fair and timely resolution of workplace disputes; and whether it included appropriate mechanisms for employee participation. Additionally, the Commission had to determine if the agreement had been fairly negotiated and if it complied with any relevant industrial laws. The AMWU argued that the proposed agreement did not sufficiently protect employee rights and conditions.

The Commission found that the proposed agreement met the statutory requirements for approval. It noted that the agreement provided for appropriate wage rates, conditions of employment, and dispute resolution mechanisms. The Commission also found that the agreement had been fairly negotiated and complied with relevant industrial laws. The Commission approved the agreement, finding that it met the necessary standards under the Fair Work Act. The decision was made in the interests of maintaining a fair and efficient workplace for both employees and the corporation.

The Fair Work Commission approved the North East Water Enterprise Agreement 2015. The Commission determined that the agreement provided for appropriate wages and conditions, dispute resolution mechanisms, and employee participation. It also found that the agreement had been fairly negotiated and complied with relevant industrial laws. This decision ensures that the agreement will remain in force, providing a framework for the continued operation of the North East Region Water Corporation and its employees.

North East Region Water Corporation t/a North East Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established