Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

[2014] FWCA 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2014/224)

TASWATER (NORTHERN REGION) ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2014

Application for approval of the TasWater (Northern Region) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the TasWater (Northern Region) Enterprise Agreement 2013 (the Agreement). The application was made by Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The Australian Municipal, Administrative, the Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 April 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Tasmanian Water and Sewerage Corporation, trading as TasWater, and its employees, represented by the Australian Council of Trade Unions. The dispute centred on the application for the approval of the TasWater (Northern Region) Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the minimum entitlements of employees, complied with the process requirements for approval, and did not have any discriminatory provisions.

The primary legal issues before the Commission were whether the proposed agreement provided for the minimum entitlements of employees, including terms and conditions of employment such as wages, leave, and working hours, and whether it complied with the process requirements for approval. Additionally, the Commission needed to determine if the agreement contained any provisions that were discriminatory, particularly in relation to the rights and protections of employees under the Fair Work Act. The Commission also considered whether the agreement was made in good faith and whether it adhered to the principles of the Act.

In its decision, the Fair Work Commission found that the proposed agreement met the requirements for approval. The Commission noted that the agreement provided for the minimum entitlements of employees, including fair and reasonable terms and conditions of employment. It also determined that the agreement complied with the process requirements for approval and did not contain any discriminatory provisions. The Commission was satisfied that the agreement was made in good faith and adhered to the principles of the Fair Work Act. Therefore, the Commission approved the TasWater (Northern Region) Enterprise Agreement 2013.

The Fair Work Commission approved the TasWater (Northern Region) Enterprise Agreement 2013, subject to certain conditions and modifications. The Commission made specific amendments to ensure compliance with minimum entitlements and to address any minor procedural deficiencies. The agreement was thus authorised to operate as a registered agreement, effective from the date of the Commission's approval. This decision provided clarity and certainty to both TasWater and its employees regarding the terms and conditions of their employment under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established