DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Water Region Corporation
(AG2019/3218)

NORTH EAST WATER ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2019

Application for approval of the North East Water Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the North East Water Enterprise Agreement 2018 (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 Water Region Corporation. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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 the organisations.

[5] The Agreement was approved on 2 October 2019 and, in accordance with s.54, will operate from 9 October 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

North East Water Region Corporation is a case in which the Fair Work Commission (FWC) was asked to approve an enterprise agreement between North East Water and its employees. The enterprise agreement in question, the North East Water Enterprise Agreement 2018, was entered into following the conclusion of negotiations between the employer and the employees' representative, the Australian Council of Trade Unions (ACTU). The FWC was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the North East Water Enterprise Agreement 2018 met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was a "registerable" agreement, which is one that complies with the procedural and substantive requirements of the Act. The FWC also had to consider whether the agreement contained terms that were "unfair" within the meaning of the Act.

In making its decision, the FWC considered the evidence and submissions presented by both North East Water and the ACTU. The FWC found that the agreement was a registerable agreement and that it contained no terms that were unfair. The FWC noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable resolution of the employees' and employer's interests. The FWC also found that the agreement provided for appropriate protections for employees, including provisions for minimum wages and conditions, dispute resolution mechanisms, and protections for employees' health and safety.

As a result of its findings, the FWC approved the North East Water Enterprise Agreement 2018. The agreement is now registered with the FWC and is legally binding on North East Water and its employees. The FWC's decision provides certainty for both the employer and employees and ensures that the agreement provides a fair and reasonable resolution of their interests.

North East Water Region Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established