DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2015/6235)

TASWATER GENERAL EMPLOYEES (NORTH WESTERN REGION) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the TasWater General Employees (North Western Region) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TasWater General Employees (North Western Region) 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 Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Community and Public Sector Union, the Association of Professional Engineers, Scientists and Managers, Australia and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, applied for the approval of the TasWater General Employees (North Western Region) Enterprise Agreement 2015. The Fair Work Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the minimum entitlements of employees, ensured the protection of vulnerable employees, and was made in good faith.

The primary legal issues the Commission needed to address were whether the agreement complied with the requirements set out in the Fair Work Act, particularly sections concerning minimum entitlements, protection of vulnerable employees, and good faith bargaining. The Commission also considered whether the agreement was made without coercion or interference and whether it included appropriate dispute resolution processes.

In making its decision, the Commission examined the provisions of the agreement and the evidence provided by both parties. The Commission concluded that the agreement satisfied all the necessary criteria for approval. It met the minimum entitlements, ensured the protection of vulnerable employees, and was made in good faith without any evidence of coercion or interference. The agreement also included appropriate dispute resolution processes, which were deemed to be fair and effective.

The Fair Work Commission approved the TasWater General Employees (North Western Region) Enterprise Agreement 2015. The approval was effective from the date of the decision, and the agreement was registered with the Fair Work Commission. This decision was binding on all parties involved and set the terms and conditions of employment for the relevant employees.

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established