DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater
(AG2018/3307)

TASWATER GENERAL EMPLOYEES (NORTHERN REGION) ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Northern 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, the Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy 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 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

The Tasmanian Water and Sewage Corporation Pty Ltd, trading as TasWater, applied to the Fair Work Commission for the approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2018. The application was contested by the Tasmanian Trades Hall Council. The dispute centred around the provisions of the proposed enterprise agreement, particularly the terms relating to working conditions and employee benefits for staff within the northern region of Tasmania.

The primary legal issues the commission had to address were whether the agreement complied with the statutory requirements set forth in the Fair Work Act 2009. This involved scrutinising the agreement's provisions to ensure it met the criteria for 'simplicity, clarity, and accessibility' and that it did not unfairly disadvantage any party. The commission also had to assess if the agreement contained provisions that could be considered contrary to public policy or were otherwise unlawful.

The commission found that the enterprise agreement was clear and met the statutory requirements. It was deemed to be fair and balanced, with appropriate protections for the employees and the employer. The commission noted that while some provisions might be contentious, they were not contrary to public policy or unlawful. The agreement was approved as it provided for a fair and reasonable set of terms and conditions for the employees, aligning with the objectives of the Fair Work Act.

The final orders included the approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2018, with the understanding that any disputes arising from its implementation would be subject to the dispute resolution processes outlined in the agreement. The commission also directed that the agreement be registered with the Fair Work Commission to ensure its enforceability under the Act.

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