Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd T/A Southern Water Summary

[2013] FWCA 5011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd T/A Southern Water
(AG2013/1886)

Tasmania
COMMISSIONER LEE	MELBOURNE, 25 JULY 2013

Application for variation of the Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement 2010 - 2013.

[1] An application has been made for approval of a variation of the Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement 2010 - 2013 (the Agreement). The application was made by Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd T/A Southern Water (the Applicant) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of variation of the Agreement title to Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement 2010-2014, approval of variation to Clause 5 “Date and Period of Operation”, and approval of variation to Schedule 1 “Wage Rates”.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 25 July 2013.

[6] The nominal expiry date of the Agreement as varied is 1 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd, trading as Southern Water, applied for a variation of the Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement 2010 - 2013. The application was heard in the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, specifically the conditions of employment for certain employees within the organisation.

The legal issues before the Commission were whether the proposed variations to the enterprise agreement were justified under the Fair Work Act 2009 and whether they met the good faith bargaining requirements. The application sought to alter the hours of work and shift arrangements for certain employees, as well as the classification of certain positions. The Commission had to determine if the proposed changes were necessary, reasonable and in good faith, taking into account the interests of both the employer and the employees.

In delivering the decision, the Fair Work Commission found that the proposed variations to the enterprise agreement were justified and met the good faith bargaining requirements. The Commission considered the evidence presented by both parties, including the need for changes in response to operational demands and the impact on employees. The Commission was satisfied that the proposed changes were reasonable and necessary to meet the operational needs of Southern Water, while also taking into account the interests of the employees. Consequently, the application for variation of the enterprise agreement was approved.

The Commission's final orders included the approval of the proposed variations to the Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement 2010 - 2013, effective from the date of the decision. The new terms would apply to the affected employees, altering their hours of work, shift arrangements and position classifications as per the approved variations.

Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd T/A Southern Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established