Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater

[2018] FWCA 6969

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater

(AG2018/3314)

TasWater (Senior Employees) Enterprise Agreement 2017

Tasmania
Commissioner Lee	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the TasWater (Senior Employees) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the TasWater (Senior Employees) Enterprise Agreement 2017 (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 & Sewage Corporation Pty Ltd T/A TasWater. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Tasmanian Water and Sewage Corporation Pty Ltd trading as TasWater and the Australian Manufacturing Workers Union. The dispute centred on the approval of the TasWater (Senior Employees) Enterprise Agreement 2017, with the union challenging the agreement's provisions concerning redundancy entitlements. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement's provisions concerning redundancy were compliant with the Fair Work Act 2009, and whether the union's challenge to the agreement's approval was valid. The Commission was required to determine if the provisions were in the best interests of the employees and if the union's objections were reasonable and justified.

The Commission held that the agreement's provisions concerning redundancy were compliant with the Fair Work Act. The Commission found that the provisions were reasonable and in the best interests of the employees, taking into account the nature of the work and the employees' roles. The Commission also found that the union's challenge to the agreement's approval was not valid, as the union had not provided sufficient evidence to support its claims. The Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the TasWater (Senior Employees) Enterprise Agreement 2017, finding that the agreement's provisions concerning redundancy were reasonable and in the best interests of the employees. The Commission found that the union's challenge to the agreement's approval was not valid, as the union had not provided sufficient evidence to support its claims.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established