DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Water
(AG2015/4731)

SOUTH EAST WATER EMPLOYEES’ ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	DARWIN, 16 SEPTEMBER 2015

Application for approval of the South East Water Employees’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the South East Water Employees’ 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 South East Water. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 24 March 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South East Water, an entity providing water services to parts of Victoria, sought approval of the South East Water Employees’ Enterprise Agreement 2015 from the Fair Work Commission. The application involved various terms and conditions of employment, including pay rates, leave entitlements, and dispute resolution mechanisms. The decision was crucial for the employees’ welfare and the operational efficiency of the company.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the "better off overall test" (BOOT) and whether it adhered to the procedural requirements for the approval of an enterprise agreement. The court had to ensure that the agreement provided employees with a fair and reasonable set of conditions compared to their previous arrangements and that it was negotiated in good faith.

The Fair Work Commission, in its reasoning, found that the enterprise agreement satisfied the BOOT, as it provided employees with overall better terms and conditions compared to the previous agreement. The Commission also determined that the agreement was negotiated in good faith and complied with all procedural requirements. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable for the employees and the employer.

No further orders were necessary as the primary application for approval had been granted. The approved agreement would now serve as the governing document for the employment conditions of the employees within the specified enterprise.

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