Wannon Region Water Corporation

[2014] FWCA 3533

[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

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