DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valoriza Water Australia Pty Ltd
(AG2016/2761)

SSWA ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

Application for approval of the SSWA Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the SSWA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valoriza Water Australia Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 26 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Valoriza Water Australia Pty Ltd, sought approval of the SSWA Enterprise Agreement 2015, a proposed enterprise agreement between the company and its employees. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it had been negotiated in good faith.

The Commission examined the proposed agreement to ensure it complied with the provisions of the Fair Work Act. It considered whether the agreement contained the required minimum terms and conditions, whether it provided for procedural fairness in the negotiation process, and if the agreement was made in good faith. The Commission also assessed if the agreement was likely to promote workplace harmony and productivity. In its assessment, the Commission gave weight to the views of the parties and any relevant evidence presented.

After thorough consideration, the Commission found that the proposed agreement met the statutory requirements for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions and that it had been negotiated in good faith. The Commission also concluded that the agreement would promote workplace harmony and productivity. As a result, the application for approval of the SSWA Enterprise Agreement 2015 was granted.

The Fair Work Commission approved the SSWA Enterprise Agreement 2015, effective from the date of the decision. The agreement now constitutes a legally binding contract between Valoriza Water Australia Pty Ltd and its employees, governing their terms and conditions of employment.

Valoriza Water Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established