DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2015/6269)

TASWATER GENERAL EMPLOYEES (SOUTHERN REGION) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Southern 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union, the Association of Professional Engineers, Scientists and Managers, Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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, sought approval for the TasWater General Employees (Southern Region) Enterprise Agreement 2015. The applicant's primary concern was that the agreement included provisions that went beyond the scope of the Fair Work Act 2009. Specifically, TasWater sought to have the agreement registered, despite its inclusion of certain provisions that might be considered outside the parameters set by the Act. The Fair Work Commission was the body that heard and decided on the matter.

The central legal issues were whether the provisions within the agreement exceeded the scope permissible under the Fair Work Act 2009 and whether these provisions could be excluded from the agreement while maintaining its validity. The court had to determine if the inclusion of such provisions rendered the entire agreement invalid or if it could uphold the agreement with those specific provisions excluded. The court's task was to balance the need for a fair and effective enterprise agreement against the constraints imposed by the legislative framework.

The Fair Work Commission found that certain provisions within the agreement exceeded the permissible scope under the Fair Work Act 2009. However, these provisions were not so integral to the agreement that their exclusion would render the entire agreement invalid. The Commission ruled that the agreement could be approved with those specific provisions excluded, ensuring that the remaining terms of the agreement adhered to the legislative requirements. This decision allowed TasWater to maintain a functional and compliant enterprise agreement for its employees in the southern region.

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