DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Australian Water Corporation
(AG2016/2640)

SA WATER CORPORATION ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2016

Application for approval of the SA Water Corporation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SA Water Corporation 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 South Australian Water Corporation. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United Voice 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 11 April 2016 and, in accordance with s.54, will operate from 18 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the South Australian Water Corporation applied for the approval of the SA Water Corporation Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, seeking formal endorsement of the agreement which had been negotiated between the Corporation and the unions representing its employees. The dispute centred on whether the agreement met the statutory criteria for approval, particularly concerning the treatment of employees' wages, conditions, and other entitlements.

The primary legal issues the Commission had to address were whether the agreement complied with the Fair Work Act in terms of procedural fairness and substantive fairness. Procedural fairness required scrutiny of the negotiation process, ensuring that it was conducted in good faith and that all necessary parties were involved. Substantive fairness involved assessing whether the terms of the agreement were reasonable in relation to the employees' wages, conditions, and entitlements, considering broader economic factors and the interests of both employees and the employer.

The Commission found that the agreement was procedurally fair, having been negotiated in good faith and with the appropriate parties involved. It also found the agreement to be substantively fair, noting that the terms were reasonable in the context of the economic environment and the interests of both the employees and the Corporation. The Commission took into account the bargaining positions of both parties, the need for productivity improvements, and the impact of the agreement on the Corporation's ability to operate effectively. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the SA Water Corporation Enterprise Agreement 2016, endorsing its terms as meeting the requirements of the Fair Work Act. This decision formally recognises the agreement as a binding framework for the employment conditions of the Corporation's staff, effective from the specified commencement date. The approval ensures that the terms of the agreement are legally enforceable and that both the Corporation and its employees are bound by the negotiated provisions.

South Australian Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established