Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

[2021] FWCA 7321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2021/8930)

TASWATER SENIOR EMPLOYEES ENTERPRISE AGREEMENT 2021

Tasmania
COMMISSIONER YILMAZ	MELBOURNE, 24 DECEMBER 2021

Application for approval of the TasWater Senior Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the TasWater Senior Employees Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch and Professionals 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 organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, for the approval of the TasWater Senior Employees Enterprise Agreement 2021. The applicant sought the approval of the proposed enterprise agreement under the Fair Work Act 2009, which would govern the employment terms and conditions for senior employees within the corporation. The dispute centred on whether the proposed agreement met the necessary criteria for approval as stipulated by the Act.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the requirements of the Fair Work Act, including whether the necessary procedural fairness was observed in its formation. Additionally, the Commission needed to consider whether the agreement contained terms that were in breach of the safety net provisions of the Act, ensuring that the agreement did not undermine the minimum standards of pay and conditions set by the relevant awards or the National Employment Standards.

In delivering its decision, the Fair Work Commission determined that the proposed agreement had been made in compliance with the relevant legislative requirements. The Commission found that TasWater had observed procedural fairness in the negotiation and agreement-making process, ensuring that all relevant parties were given a fair opportunity to participate. Furthermore, the Commission concluded that the agreement did not contain any terms that were inconsistent with the safety net provisions, as all the agreed terms provided at least the minimum standards prescribed by the Act and relevant awards.

As a result of its findings, the Fair Work Commission approved the TasWater Senior Employees Enterprise Agreement 2021. The approved agreement would now provide the legal framework for the employment terms and conditions of the relevant senior employees within TasWater.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established