[2014] FWCA 8513 [Note: An appeal pursuant to s.604 (C2015/1099) was lodged against this decision - refer to Full Bench decision dated 26 May 2015 [[2015] FWCFB 3270] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Water Corporation
(AG2014/9764)

WATER CORPORATION ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER WILLIAMS	PERTH, 28 NOVEMBER 2014

Application for approval of the Water Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Water Corporation Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Water Corporation. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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) of the Act I note that the Agreement covers the organisation.

[6] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Water Corporation, the applicant, sought approval of the Water Corporation Enterprise Agreement 2014. The dispute arose between the Water Corporation, a statutory body responsible for water supply, sewerage, and drainage services, and its employees, represented by the relevant union. The central issue was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement and free from prohibited content.

The court examined the provisions of the agreement to determine if it provided employees with a fair and reasonable package of terms and conditions, ensuring they were no worse off than under their previous arrangement. Additionally, the court assessed whether the agreement contained any terms that were prohibited under the Act. The court considered the economic context, the negotiation process, and the implications of the proposed terms on both the employees and the employer.

Upon review, the court found that the agreement met the better off overall test, as it provided employees with improved terms and conditions, including wage increases, enhanced leave entitlements, and better working conditions. The court also determined that the agreement did not contain any prohibited content, as all terms were consistent with the legal framework. Consequently, the court approved the Water Corporation Enterprise Agreement 2014, confirming its compliance with the statutory requirements.

The final orders included the approval of the Water Corporation Enterprise Agreement 2014, effective from the date of the decision, subject to any necessary amendments to align with the court's findings. The approval was contingent on the agreement being communicated to all affected employees and the parties implementing the agreed terms and conditions as outlined in the approved document.

Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established