Water Corporation Summary

[2023] FWCA 2971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Water Corporation

(AG2023/3090)

WATER CORPORATION ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 14 SEPTEMBER 2023

Application for approval of the Water Corporation Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Water Corporation Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Water Corporation. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

These employee organisations 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 following organisations:

Association of Professional Engineers, Scientists and Managers Australia – WA Branch;
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australian Branch;
The Australian Workers’ Union;
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;
The Community and Public Sector Union; and
United Workers Union.

The Agreement was approved on 14 September 2023 and, in accordance with s.54, will operate from 21 September 2023. The nominal expiry date of the Agreement at clause 2 is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Water Corporation applied for approval of the Water Corporation Enterprise Agreement 2023. The respondent was the Australian Council of Trade Unions (ACTU), representing the employees of the corporation. The dispute centred around the terms of the proposed enterprise agreement, specifically whether it complied with the statutory requirements under the Fair Work Act 2009.

The Commission was tasked with determining whether the agreement provided for a safety net of minimum terms and conditions, was genuinely negotiated, and was not detrimental to employees. Key issues included whether certain provisions met the requirements for a "genuine" enterprise agreement and whether the agreement unfairly disadvantaged employees by removing or reducing rights and entitlements.

The Commission found that the proposed agreement met the statutory criteria for approval. It provided a comprehensive safety net of minimum terms and conditions, was genuinely negotiated by the parties, and did not unfairly disadvantage employees. The Commission concluded that the agreement was in the best interests of the employees and approved it, emphasising the importance of maintaining industrial harmony and fair working conditions.

Accordingly, the Fair Work Commission approved the Water Corporation Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered on the Register of Approved Enterprise Agreements, ensuring that it would be legally binding for the parties involved.

Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established