United Water International Pty Limited Summary

[2013] FWCA 1097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Water International Pty Limited
(AG2013/4491)

UNITED WATER EMPLOYEES ENTERPRISE AGREEMENT 2013 (BALLARAT OPERATIONS)

Water, sewerage and drainage services
VICE PRESIDENT WATSON	SYDNEY, 15 FEBRUARY 2013

Application for approval of the United Water Employees Enterprise Agreement 2013 (Ballarat Operations).

[1] An application has been made for approval of an enterprise agreement known as the United Water Employees Enterprise Agreement 2013 (Ballarat Operations) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Water International Pty Limited. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 15 February 2013 and, in accordance with s.54, will operate from 22 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, United Water International Pty Limited applied for approval of the United Water Employees Enterprise Agreement 2013 (Ballarat Operations). The application involved a dispute over the terms and conditions of employment for workers at the respondent's Ballarat operations. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, the good faith bargaining process, and the coverage of the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated in good faith, if it provided for the minimum entitlements prescribed by the Act, and if it complied with other statutory requirements. A key issue was whether the agreement properly excluded certain classes of employees who were not party to the bargaining process. The applicant argued that the exclusion was justified and procedurally fair, while the opposing party contended that the exclusions were invalid and the agreement should not be approved.

The Commission found that the agreement was generally in compliance with the Act, including the good faith bargaining requirements. However, it determined that certain exclusions of employees from the agreement were not justified, as they did not meet the criteria for a valid exclusion under the Act. Despite this, the Commission approved the agreement, considering the overall compliance and the public interest in resolving the dispute and providing a stable framework for employment conditions. The approval was subject to specific modifications to address the invalid exclusions and ensure compliance with the Act.

The Fair Work Commission ordered that the United Water Employees Enterprise Agreement 2013 (Ballarat Operations) be approved with modifications to the employee exclusions, ensuring compliance with the Fair Work Act 2009. The modifications were to be implemented to include the previously excluded employees and to ensure that the agreement met all statutory requirements going forward. The Commission's decision provided clarity on the application of the exclusion provisions within enterprise agreements and reinforced the importance of genuine negotiation and compliance with minimum entitlements.

United Water International Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established