Wannon Region Water Corporation T/A Wannon Water

[2020] FWCA 7073

[2020] FWCA 7073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wannon Region Water Corporation T/A Wannon Water
(AG2020/3686)

WANNON WATER ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Wannon Water Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wannon Water Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wannon Region Water Corporation T/A Wannon Water. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 50 - Compassionate Leave.

However, noting the undertaking given by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509980  PR725868>

Annexure A