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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Wannon Region Water Corporation, trading as Wannon Water, for the approval of the Wannon Water Enterprise Agreement 2020. The application sought the approval of a new enterprise agreement that would govern the terms and conditions of employment for Wannon Water's employees. The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the provisions concerning employee entitlements, such as wages, hours of work, and other conditions of employment. Additionally, the Commission considered whether the agreement had been fairly negotiated and if it provided for a proper process for resolving disputes.

The Fair Work Commission, in its reasoning, examined the procedural fairness of the negotiation process and the substantive fairness of the proposed agreement. It noted that the application was made under section 234 of the Fair Work Act, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement has been fairly negotiated and meets the "better off overall test". The Commission assessed the evidence provided by both parties and considered whether the agreement provided for a fair and reasonable outcome for the employees. In its decision, the Commission found that the agreement had been fairly negotiated and met the statutory requirements. The Commission also determined that the agreement was "better off overall" for the employees, as it provided for fair wages, reasonable working conditions, and adequate dispute resolution mechanisms.

Accordingly, the Fair Work Commission approved the Wannon Water Enterprise Agreement 2020. The approval of the agreement ensures that Wannon Water's employees will be covered by the terms and conditions set out in the agreement, which will govern their employment for the duration of the agreement. The decision also provides a framework for the resolution of any future disputes that may arise between Wannon Water and its employees.

Wannon Region Water Corporation T/A Wannon Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established