Transfield Services (Australia) Pty Ltd T/A Allwater JV Summary

[2013] FWCA 6613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services (Australia) Pty Ltd T/A Allwater JV
(AG2013/2545)

ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - NETWORKS AGREEMENT

Water, sewerage and drainage services
COMMISSIONER STEEL	ADELAIDE, 5 SEPTEMBER 2013

Application for approval of the Allwater JV Employees Enterprise Agreement 2012 - Networks Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Allwater JV Employees Enterprise Agreement 2012 - Networks Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 12 September 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Transfield Services (Australia) Pty Ltd trading as Allwater JV, which sought approval for the Allwater JV Employees Enterprise Agreement 2012, specifically the Networks Agreement. The application was before the Fair Work Commission (FWC), which is responsible for overseeing the approval and enforcement of enterprise agreements under the Fair Work Act 2009 (Cth).

The primary legal issues the FWC had to address were whether the enterprise agreement complied with the statutory requirements for approval, including whether it was made in good faith and whether it met the "better off overall test." This test ensures that the agreement provides employees with at least the same terms and conditions as they had under their previous awards or agreements. Additionally, the FWC needed to determine if the agreement included proper provisions for dispute resolution and if it adhered to the Fair Work Act's procedural requirements.

In its decision, the FWC examined the evidence provided by both parties and considered the principles of good faith bargaining and the statutory obligations under the Fair Work Act. The FWC concluded that the agreement was made in good faith and met the better off overall test, as it provided employees with improved conditions and benefits. The FWC also found that the agreement contained appropriate dispute resolution mechanisms and was procedurally sound. Consequently, the FWC approved the Allwater JV Employees Enterprise Agreement 2012, Networks Agreement, determining that it met all the legal criteria for approval.

As a result of the FWC's decision, the Allwater JV Employees Enterprise Agreement 2012, Networks Agreement was approved, and it came into effect. This outcome provided a legally binding framework for the terms and conditions of employment for the employees covered by the agreement, reflecting the FWC's determination that the agreement was fair and met the statutory requirements for approval.

Transfield Services (Australia) Pty Ltd T/A Allwater JV

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established