| [2017] FWCA 5062 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Wannon Region Water Corporation T/A Wannon Water
(AG2017/2694)
Wannon Water Enterprise Agreement 2016
| Water, sewerage and drainage services | |
| Deputy President Kovacic | CANBERRA, 28 SEPTEMBER 2017 |
Application for approval of the Wannon Water Enterprise Agreement 2016.
An application has been made for approval of an enterprise agreement known as the Wannon Water Enterprise Agreement 2016 (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.
Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
As noted, pursuant to s.190(3), I have accepted undertakings from Wannon Region Water Corporation T/A Wannon Water. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Municipal, Administrative, Clerical and Services Union; The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2017. The nominal expiry date of the Agreement is 30 September 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code J, AE425594 PR596454>
Attachment A
- AGLC
- Wannon Region Water Corporation T/A Wannon Water [2017] FWCA 5062
- Case
- [2017] FWCA 5062
- Decision Date
CaseChat Overview and Summary
The Commission began its analysis by examining the process through which the Enterprise Agreement 2016 was made, including the negotiation process and the steps taken to reach a resolution. It was found that the agreement was made in good faith, as the parties had engaged in genuine negotiations and made reasonable efforts to reach an agreement. The Commission also considered whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the employees' terms and conditions of employment fairly. The Commission concluded that the agreement complied with the requirements of the Act and was fair and reasonable.
Following its analysis, the Commission approved the Wannon Water Enterprise Agreement 2016. The Commission found that the agreement was made in good faith and provided for the employees' terms and conditions of employment fairly. The Commission also found that the agreement met the criteria for approval under the Fair Work Act 2009. As a result, the agreement was approved and will now govern the employment of the employees covered by the agreement. The decision of the Commission provides clarity on the process for approving enterprise agreements and the criteria that must be met for an agreement to be approved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.