Wannon Region Water Corporation

[2014] FWCA 3533

FAIR WORK COMMISSION

DECISION

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

Wannon Region Water Corporation
(AG2014/4008)

WANNON WATER ENTERPRISE AGREEMENT 2013

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 6 JUNE 2014

Application for approval of the Wannon Water Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wannon Water Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Wannon Region Water Corporation. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, and Professionals Australia (together, the Unions), each submitted a Form F18 1 indicating that they did not support approval of the Agreement.

[3] A conference was held on 12 May 2014, during which the focus of discussion was on clauses 19 and 20 of the Agreement. Subsequently, the Unions withdrew their objection to the approval of the Agreement.

[4] On 28 May 2014, the Fair Work Commission received a request from the Applicant to replace the original Agreement provided with the application with a ‘clean’ copy of the Agreement (the “Clean Agreement”). The Applicant advised that the Clean Agreement was in substance the same as that filed with the application, except that all tracked changes were accepted and thereby removed, the front covering page was amended to delete the words “Third Draft” and “Version 11” and a signed execution page was included at page 53. This advice was confirmed by the Applicant in the form of a statutory declaration filed on 30 May 2014. The Unions were provided with an opportunity to respond to the Applicant’s request, and indicated by email that they accept the Clean Agreement on the basis that the changes to the original Agreement are in name only.

[5] Based on the evidence that has been provided, along with the consent of the Applicant, I am satisfied that the Agreement that was lodged for approval was not the final or appropriate version, and that the Clean Agreement (appended to this decision) is the same as the original Agreement lodged save for the changes described above. Pursuant to section 586 of the Act, and on application by the Applicant, I amend the application to treat the Clean Agreement as the proper and authoritative version.

[6] On the evidence before me, and after considering the totality of the Agreement, I am of the view that the Agreement leaves employees better off overall than if the relevant modern award applied.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Unions, 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 Unions.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

1 Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Wannon Region Water Corporation sought approval of the Wannon Water Enterprise Agreement 2013 from the Fair Work Commission. The application was brought under section 233 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain conditions, including that it does not have an adverse effect on employees. The corporation argued that the agreement was necessary to facilitate the smooth operation of its business and ensure the continued provision of water services to the region.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, whether it provided for fair and reasonable terms and conditions for employees, and whether it had an adverse effect on employees. The Commission needed to consider various factors, including the bargaining power of the parties, the nature of the industry, and the overall fairness of the terms of the agreement. The corporation argued that the agreement was necessary to maintain the viability of its business and ensure the ongoing provision of essential services to the community.

After considering the submissions of the parties and the relevant legal principles, the Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the corporation had demonstrated that the agreement was necessary to maintain the viability of its business and ensure the ongoing provision of essential services to the community. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, and that it did not have an adverse effect on employees. The Commission approved the Wannon Water Enterprise Agreement 2013, subject to certain modifications to ensure that it complied with the relevant provisions of the Fair Work Act.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by the parties, as well as the relevant legal principles. The Commission found that the agreement was necessary to maintain the viability of the corporation's business and ensure the ongoing provision of essential services to the community. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, and that it did not have an adverse effect on employees. The approval of the agreement was subject to certain modifications, which were designed to ensure that it complied with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established