DECISION

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

South Gippsland Region Water Corporation T/A South Gippsland Water
(AG2020/2683)

SOUTH GIPPSLAND REGION WATER CORPORATION ENTERPRISE AGREEMENT NO.7 2020

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 28 SEPTEMBER 2020

Application for approval of the South Gippsland Region Water Corporation Enterprise Agreement No. 7 2020.

[1] An application has been made for approval of an enterprise agreement known as the South Gippsland Region Water Corporation Enterprise Agreement No.7 2020 (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/A 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, being a bargaining representative for the Agreement, has 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 organisation.

[4] The Association of Professional Engineers, Scientists and Managers Australia, being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement was approved on 28 September 2020 and, in accordance with s.54, will operate from 5 October 2020. The nominal expiry date of the Agreement is 21 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the South Gippsland Region Water Corporation, trading as South Gippsland Water, applied for approval of their Enterprise Agreement No. 7 2020. The agreement was intended to govern the terms and conditions of employment for certain employees within the corporation. The dispute involved the corporation's application to the Commission to approve the terms of the proposed enterprise agreement under the Fair Work Act 2009.

The primary legal issue the Commission needed to resolve was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act, particularly in relation to the provision of adequate protections for employees. The Commission had to consider if the agreement provided for appropriate minimum wages, leave entitlements, penalty rates, and other conditions that complied with the relevant national employment standards and protected employees from unfair treatment. Additionally, the Commission examined if the agreement had been genuinely negotiated and if it included necessary dispute resolution processes.

The Commission found that the proposed agreement adequately addressed the statutory requirements under the Fair Work Act. It provided for minimum wages, leave entitlements, and penalty rates that met the national employment standards. Furthermore, the agreement included provisions for dispute resolution, ensuring that employees had a fair and accessible process for resolving any workplace issues. The Commission also concluded that the agreement had been genuinely negotiated between the parties, with both management and employees participating in the process. Consequently, the Commission approved the South Gippsland Region Water Corporation Enterprise Agreement No. 7 2020, effective from 1 January 2021.

South Gippsland Region Water Corporation T/A South Gippsland Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established