Water Corporation

Case [2018] FWCA 3742


[2018] FWCA 3742
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Water Corporation
(AG2018/1089)

WATER CORPORATION ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services

DEPUTY PRESIDENT MASSON

MELBOURNE, 25 JUNE 2018

Application for approval of the Water Corporation Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Water Corporation Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Water Corporation. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Community and Public Sector Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Voice, The Australian Workers’ 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428959  PR608418>

Annexure A

Details
AGLC
Water Corporation [2018] FWCA 3742
Case
[2018] FWCA 3742
Decision Date

CaseChat Overview and Summary

Water Corporation is an enterprise agreement that governs the terms and conditions of employment for Water Corporation employees. The dispute arose when the Water Corporation sought approval for the Water Corporation Enterprise Agreement 2018. The Fair Work Commission was the court that heard the application.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relationships.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court considered the provisions of the agreement and found that they provided fair and reasonable terms and conditions of employment. The court also considered the evidence presented by the parties and found that the agreement promoted harmonious, productive and cooperative workplace relationships. The court approved the agreement and made orders to that effect.

The court's orders included approving the Water Corporation Enterprise Agreement 2018 and directing that it be registered with the Fair Work Commission. The court also ordered that the agreement would come into effect on 1 July 2018 and would remain in force until 30 June 2022. The court's decision provides clarity and certainty for Water Corporation employees and ensures that they are covered by a fair and reasonable enterprise agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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