DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Gippsland Region Water Corporation T/A South Gippsland Water
(AG2016/6707)

SOUTH GIPPSLAND REGION WATER CORPORATION ENTERPRISE AGREEMENT NO. 6 2015

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2016

Application for approval of the South Gippsland Region Water Corporation Enterprise Agreement No. 6 2015.

[1] An application has been made for approval of an enterprise agreement known as the South Gippsland Region Water Corporation Enterprise Agreement No. 6 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 Gippsland Region Water Corporation T/As South Gippsland Water. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 19 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Gippsland Region Water Corporation T/A South Gippsland Water sought approval of its Enterprise Agreement No. 6 2015. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the necessary standards for approval. The primary issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and whether it appropriately balanced the interests of both employees and the corporation.

In considering the matter, the Commission examined various provisions of the agreement, including those related to employment conditions, wages, and dispute resolution mechanisms. The Commission also took into account submissions from both the corporation and the employees' representatives, as well as relevant legislative and regulatory frameworks. After careful deliberation, the Commission concluded that the agreement substantially complied with the requirements of the Act and adequately protected the interests of both parties.

The Commission approved the agreement, subject to certain modifications to address minor non-compliance issues. These modifications included adjustments to the agreement's language to ensure clarity and precision and minor amendments to specific provisions to align with relevant laws and regulations. The corporation and employees' representatives were given an opportunity to review and respond to the modifications before the Commission issued its final decision.

In summary, the Fair Work Commission approved the South Gippsland Region Water Corporation's Enterprise Agreement No. 6 2015, subject to specific modifications. The Commission found that the agreement met the necessary standards for approval and appropriately balanced the interests of both the corporation and its employees. The parties were required to implement the agreed-upon modifications before the approval became effective.

South Gippsland Region Water Corporation T/A South Gippsland Water

DECISION

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Legal Principle Established