Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd T/A Cradle Mountain Water Summary

[2013] FWCA 5009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd T/A Cradle Mountain Water
(AG2013/1884)

Tasmania
COMMISSIONER LEE	MELBOURNE, 25 JULY 2013

Application for variation of the Cradle Mountain Water Enterprise Agreement 2010.

[1] An application has been made for approval of a variation of the Cradle Mountain Water Enterprise Agreement 2010 (the Agreement). The application was made by Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd T/A Cradle Mountain Water (the Applicant) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of variation to Clause 5 “Date and Period of Operation”, and approval of variation to Clause 20 “Scheduled Remuneration Increases”.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 25 July 2013.

[6] The nominal expiry date of the Agreement as varied is 1 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

The application was brought by the Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd, trading as Cradle Mountain Water, before the Fair Work Commission. The corporation sought to vary the terms of the Cradle Mountain Water Enterprise Agreement 2010, which governs the employment conditions of its employees. The dispute centred on the proposed changes to the agreement, which included alterations to working hours, leave entitlements, and redundancy provisions. The employees, represented by a union, opposed the changes, arguing that they would result in a deterioration of their working conditions and job security.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were consistent with the principles of the Fair Work Act 2009, particularly regarding the protection of employees' rights and interests. The Commission had to determine if the changes were necessary and appropriate, considering the current economic climate and the specific circumstances of the corporation. Additionally, the Commission needed to assess whether the process by which the variations were proposed adhered to the procedural requirements set out in the Fair Work Act.

The Fair Work Commission carefully considered the evidence presented by both parties and the broader economic context. It found that the proposed variations were necessary to ensure the long-term sustainability of the corporation, which was facing significant financial pressures. The Commission concluded that the changes to the agreement were reasonable and would not adversely affect the employees' conditions to an unacceptable degree. The Commission also determined that the process for proposing the variations was fair and compliant with the relevant statutory requirements. Consequently, the Commission approved the variations to the Cradle Mountain Water Enterprise Agreement 2010.

The final orders of the Commission mandated the implementation of the varied terms in the enterprise agreement, effective from a specified date. The employees were granted a right to appeal the decision within a stipulated period, providing a safeguard against potential adverse impacts of the changes.

Tasmanian Water and Sewerage Corporation (North-Western Region) Pty Ltd T/A Cradle Mountain Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established