DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater
(AG2018/3310)

TASWATER GENERAL EMPLOYEES (NORTH WESTERN REGION) ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the TasWater General Employees (North Western Region) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TasWater General Employees (North Western Region) Enterprise Agreement 2018 (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.

[2] 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.

[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 Community and Public Sector Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 14 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tasmanian Water & Sewage Corporation Pty Ltd, trading as TasWater, applied for approval of the TasWater General Employees (North Western Region) Enterprise Agreement 2018. The respondents, including various unions, opposed the approval on several grounds, including concerns over the fairness and appropriateness of the agreement's terms.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it was certified as a single, indivisible bargain, and whether it contained any unfair terms. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of the employer and employees.

The Commission examined the evidence and submissions from both parties, considering the nature of the bargaining process and the terms of the agreement. It found that the agreement was a single, indivisible bargain and was appropriately certified. The Commission also concluded that the agreement did not contain any unfair terms and appropriately balanced the interests of both parties. The Commission approved the enterprise agreement, acknowledging the compromises made by both parties in the course of negotiations.

The Fair Work Commission approved the TasWater General Employees (North Western Region) Enterprise Agreement 2018, recognising it as a fair and appropriate agreement that met the requirements of the Fair Work Act 2009. The approval of the agreement was a significant step towards ensuring fair and effective industrial relations between TasWater and its employees in the North Western Region.

Tasmanian Water & Sewage 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