DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Water Corporation t/a Water Corporation WA
(AG2021/4685)

WATER CORPORATION ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 MAY 2021

Application for approval of the Water Corporation Enterprise Agreement 2021.

[1] Water Corporation has applied for approval of a single enterprise agreement known as the Water Corporation Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test.

[3] Further information was provided and written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting undertaking 2 of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The bargaining representatives for the Agreement (the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union; CPSU, the Community and Public Sector Union; the Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Association of Professional Engineers, Scientists and Managers, Australia; and the United Workers’ Union) have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 6 May 2021 and, in accordance with s.54, will operate from 13 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Water Corporation t/a Water Corporation WA, sought approval for the Water Corporation Enterprise Agreement 2021, which was to govern the employment conditions of its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, particularly sections that pertain to the content and process of enterprise agreements. The Commission had to assess if the agreement contained the necessary minimum terms and conditions, if it was free from prohibited content, and if the process leading to its creation was lawful and fair. Additionally, the Commission needed to consider the submissions made by the parties involved and any relevant public interest factors.

In delivering its decision, the Commission examined the provisions of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement contained all the mandated minimum terms and conditions and did not include any prohibited content. It was also satisfied that the agreement was the result of a lawful and fair negotiation process. After considering the submissions and the public interest, the Commission concluded that the agreement should be approved as it met all the statutory requirements.

The Commission approved the Water Corporation Enterprise Agreement 2021, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees, subject to any further legal challenges or amendments as necessary.

Water Corporation t/a Water Corporation WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established