Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

[2016] FWCA 613

[2016] FWCA 613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2015/7221)

APPLICATION FOR APPROVAL OF THE TASWATER GENERAL EMPLOYEES (NORTHERN REGION) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Northern 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 Applicant). The Agreement is a single enterprise agreement.

[2] I note that the Construction, Forestry, Mining and Energy Union (CFMEU) opposed the approval of the Agreement on a number of grounds. The CFMEU and the Applicant were provided with an opportunity to be heard as to these objections at hearings held on 28 January 2016 and on today’s date. I have considered these objections and the evidence provided. Having done so, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. I will provide further written reasons for my decision in due course.

[3] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Construction, Forestry, Mining and Energy Union (CFMEU) 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.

[4] The Agreement is approved on 29 January 2016 and, in accordance with s.54 of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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