DECISION

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

State Water Corporation
(AG2014/10134)

STATE WATER CORPORATION ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
VICE PRESIDENT LAWLER	SYDNEY, 5 DECEMBER 2014

Application for approval of the State Water Corporation Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the State Water Corporation Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the State 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 Australian Workers’ Union, the Public Service Association of NSW & Professional Officers Association Amalgamated Union of New South Wales / Community and Public Sector Union - SPSF Group NSW Branch 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the State Water Corporation and the Australian Council of Trade Unions, with the State Water Corporation seeking approval of the 2015 Enterprise Agreement. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred around various aspects of the agreement, including the classification of employees, their entitlements, and the dispute resolution processes outlined within the agreement.

The primary legal issue before the Commission was whether the provisions of the proposed agreement aligned with the requirements of the Fair Work Act, specifically focusing on whether the agreement provided fair and reasonable terms and conditions for the employees of the State Water Corporation. This involved a detailed examination of the classification and pay rates of employees, the dispute resolution mechanisms, and the overall fairness of the terms stipulated in the agreement. The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it met the standards of good faith bargaining as required by the Act.

In delivering its decision, the Commission thoroughly reviewed the evidence presented by both parties. It found that the agreement provided fair and reasonable terms for the employees, including appropriate classification and remuneration, and effective dispute resolution processes. The Commission was satisfied that the agreement met the statutory criteria and did not unfairly disadvantage the employees. Consequently, the Commission approved the State Water Corporation Enterprise Agreement 2015, recognising its compliance with the requirements of the Fair Work Act.

The Fair Work Commission approved the State Water Corporation Enterprise Agreement 2015, confirming that it met the necessary criteria under the Fair Work Act. This decision was based on the Commission’s finding that the agreement provided fair and reasonable terms and conditions for the employees, including appropriate classification, pay rates, and dispute resolution mechanisms.

State Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established