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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, applied for approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2015. The application was contested by the Tasmanian Public Sector Union, representing the employees. The dispute centred around the terms of the proposed enterprise agreement, particularly those relating to employment conditions, wages, and benefits.

The legal issues the court had to address involved whether the agreement complied with the relevant federal workplace relations legislation, specifically the Fair Work Act 2009. The court examined whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, and whether it adhered to the statutory requirements, including the provision for minimum entitlements and procedural fairness.

The court found that the agreement met the necessary standards for approval. It was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, and that it adhered to the legislative requirements. The court noted that the agreement included provisions for minimum wage rates, overtime, penalty rates, and other conditions that were consistent with the relevant awards and legislation. The court also considered the procedural fairness in the negotiation process and found it to be adequate.

The Fair Work Commission approved the TasWater General Employees (Northern Region) Enterprise Agreement 2015. The approval was based on the determination that the agreement was in compliance with the Fair Work Act 2009 and provided fair and reasonable terms for the employees. The agreement was thus authorised to take effect from the date of the decision.

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