Wannon Region Water Corporation

[2025] FWCA 1165

[2025] FWCA 1165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wannon Region Water Corporation

(AG2025/634)

WANNON WATER ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER ALLISON	MELBOURNE, 4 APRIL 2025

Application for approval of the Wannon Water Enterprise Agreement 2024

1. Wannon Region Water Corporation Trading as Wannon Region Water Corporation (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Wannon Water Enterprise Agreement 2024 (the Agreement).

1. The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, 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.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Wannon Water Enterprise Bargaining Agreement” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical errors and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

Terms of the Agreement

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Under s.205A(2), the workplace delegates’ rights term in Clause 27A of the Water Industry Award 2020 (the Award) is taken to be a term of the Agreement.

1. Clause 62.1 of the Agreement states that ‘a dispute or grievance about a matter arising under this Agreement or the [NES], other than termination of employment, must be dealt with in accordance with this clause’. This appears to exclude the termination of employment clause in the agreement, which may be inconsistent with s.186(6) of the Act which provides that an agreement must include a term which provides a procedure to settle dispute about any matters arising under the agreement and in relation to the NES. The Employer has provided an undertaking addressing this concern.

National Employment standards

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 13.1, relating to ‘deduction upon termination of employment.’ The deduction described in this term is not limited to wages, this makes it inconsistent with the NES.

• Clause 38.4 relating to ‘Carers’ Leave notice of Absence’ may be more stringent than s.107(2)(a) of the Act which states that notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

• Clause 38.7 relating to ‘Casuals Carer’s leave’ is silent on the ability for casual employees to take carer’s leave when a member of their immediate family or household are injured as provided under s.102 of the Act.

• Clause 38.7 relating to ‘Casual compassionate leave’ is silent on the ability for casual employees to take compassionate leave in cases of stillbirth or miscarriage as provided by s.104 of the Act.

1. However, noting Clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Better Off Overall Test

1. The employer has provided a number of undertakings to address Better Off Overall Test concerns. These undertakings are attached at 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. The undertakings are taken to be a term of the Agreement. In particular I highlight the following undertakings:

·  Rates of Pay – Some of the rates of pay included in the Agreement are below the Award. To address this issue the Employer has provided the following undertakings:

·  The Employer will not employ anyone in Band 1 or Band 2 (Undertaking 3).

·  Clause 17.3.2 relating to three-year apprenticeships will be taken to include Undertaking 4.

·  Clause 17.2 relating to Junior Employees will be replaced with Undertaking 5.

·  Minimum Engagement Casual Employees – The Employer provided an undertaking that casual employees will be engaged for a minimum of 2 consecutive hours (Undertaking 7).

·  Saturday Work– The Employer provided an undertaking that work performed on a Saturday will be paid in accordance with the Award overtime rates of one and half times the base rate for the first 2 hours and twice the base rate there after (Undertaking 10).

·  Rest Breaks – The Employer provided an undertaking that clause 29 Rest Breaks will incorporate breaks outlined in Undertaking 11.

·  Higher Duties – The Employer provided an undertaking that higher duties will be payable after one day. (Undertaking 13).

·  Meal Allowance- The Employer provided an undertaking incorporating Meal Allowance into the Agreement (Undertaking 15).

1. Finally, the Employer requested that I amend the Agreement to correct an obvious error to clause 17.3 and 17.4. I consider it is appropriate to allow this correction pursuant to s 586 of the Act.

1. Subject to the undertakings included in Annexure A, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2025. The nominal expiry date of the Agreement is 30 September 2028.

COMMISSIONER

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