DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Water Corporation T/A South East Water
(AG2018/6220)

SOUTH EAST WATER EMPLOYEES’ ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER GREGORY	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the South East Water Employees' Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South East Water Employees’ 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 South East Water Corporation T/A South East Water. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, South East Water Corporation T/A South East Water applied to the Fair Work Commission for approval of the South East Water Employees' Enterprise Agreement 2018. The application was heard by Commissioner G. M. Crisp, who was required to determine whether the agreement met the criteria for approval under the legislation. The primary issue before the court was whether the agreement contained all the mandated terms and conditions, and if it complied with the procedural fairness requirements.

The court examined the provisions of the agreement, including the terms and conditions related to wages, hours of work, leave, and other employment-related matters. The applicant argued that the agreement was fair and reasonable, and met all the legislative requirements. The court also considered submissions from the relevant unions and other interested parties. The legal issue centred on whether the agreement was consistent with the Fair Work Act, and if it had been negotiated in good faith.

The court found that the agreement contained all the mandated terms and conditions, and was consistent with the Fair Work Act. The court also found that the agreement had been negotiated in good faith, and met the procedural fairness requirements. The court approved the agreement, subject to certain modifications to ensure compliance with the Act. The court's decision was based on a detailed analysis of the agreement and the submissions received.

The Fair Work Commission approved the South East Water Employees' Enterprise Agreement 2018, subject to certain modifications. The modifications related to the calculation of overtime and penalty rates, and the provision of additional leave entitlements. The court ordered that the modified agreement be registered by the Registrar of the Fair Work Commission, and that it would be in effect from the date of the decision. The court's decision provides clarity on the requirements for approving enterprise agreements, and will be of interest to employers and employees in the water industry.

South East Water Corporation T/A South 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