DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater
(AG2015/6234)

TASWATER (SENIOR EMPLOYEES) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the TasWater (Senior Employees) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TasWater (Senior Employees) 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 Association of Professional Engineers, Scientists and Managers, Australia and the Community and Public Sector Union, 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 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, for the approval of the TasWater (Senior Employees) Enterprise Agreement 2015. This agreement pertained to the employment conditions of senior employees within TasWater. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement. The legal issues central to this case involved whether the agreement met the statutory requirements for registration, including compliance with the good faith bargaining provisions and ensuring that the agreement did not negatively impact employees' general conditions of employment.

The Commission undertook a thorough examination of the enterprise agreement, focusing on whether TasWater had engaged in genuine and meaningful bargaining with the union representatives. It also assessed if the agreement provided fair and reasonable terms for the employees, taking into account the nature of their roles and the overall impact on employee conditions. The Commission considered submissions from both TasWater and the union, evaluating the evidence presented on the process of bargaining and the content of the agreement. After deliberation, the Commission concluded that TasWater had fulfilled its obligations under the good faith bargaining requirements and that the agreement did not adversely affect the general conditions of employment for the senior employees.

The Commission approved the TasWater (Senior Employees) Enterprise Agreement 2015, recognising it as a registered agreement. The decision was based on the evidence that TasWater had engaged in genuine bargaining and that the agreement provided fair terms and conditions for the employees involved. The approval was subject to the agreement being in force for the specified period, with the possibility of amendments or termination under the Fair Work Act 2009. This decision provided clarity and certainty for TasWater and its senior employees regarding the employment conditions set out in the agreement.

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