South Australian Water Corporation Summary

[2013] FWCA 3923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

South Australian Water Corporation
(AG2013/6759)

SA WATER CORPORATION ENTERPRISE AGREEMENT 2013

Water, sewerage and drainage services
COMMISSIONER HAMPTON	ADELAIDE, 19 JUNE 2013

Application for approval of the SA Water Corporation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SA Water Corporation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SA Water Corporation. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia, United Voice and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the South Australian Water Corporation sought approval of its 2013 Enterprise Agreement. The dispute arose from the corporation's desire to amend certain provisions of the agreement, particularly those relating to employee conditions and remuneration. The Commission was tasked with determining whether the proposed changes met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This included ensuring the changes were made in good faith, the agreement was appropriately negotiated, and the proposed terms were fair and reasonable. The Commission also needed to consider whether the changes met the "better off overall test," which requires that employees be no worse off financially under the new agreement.

The Fair Work Commission found that the proposed changes to the enterprise agreement were made in good faith and were the result of appropriate negotiation processes. The Commission also determined that the changes met the "better off overall test" and were fair and reasonable in all respects. The Commission noted the corporation's efforts to consult with employee representatives and the positive feedback received from various stakeholders. The Commission concluded that the proposed amendments were in line with the legislative framework and approved the 2013 Enterprise Agreement as amended.

The Fair Work Commission's decision effectively resolved the dispute, providing clarity on the procedural and substantive requirements for enterprise agreements. The approval of the amended agreement ensures that the corporation can proceed with the proposed changes, which are expected to benefit both the corporation and its employees.

South Australian Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established