Water Corporation t/a Water Corporation WA

In the Fair Work Commission, Water Corporation t/a Water Corporation WA sought approval of the Water Corporation Enterprise Agreement 2021. The agreement was entered into between the employer, Water Corporation, and the union, CFMEU WA Building & Construction Division. The union represents employees who are employed under the agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for being made. The issues included the scope of the enterprise, the definition of employees, and the fairness of the terms and conditions contained in the agreement.

The legal issues before the Commission were whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and was fair and reasonable. The Commission examined the process by which the agreement was negotiated, including whether the parties had genuinely attempted to negotiate and whether the agreement was made in good faith. The Commission also assessed whether the agreement was fair and reasonable in terms of the benefits, rights, and obligations it provided to the employees.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission was satisfied that the parties had genuinely attempted to negotiate and that the agreement was made in good faith. The Commission also found that the agreement was fair and reasonable in terms of the benefits, rights, and obligations it provided to the employees. The Commission considered the economic and industrial context in which the agreement was made, as well as the relative bargaining power of the parties. The Commission concluded that the agreement provided appropriate protections for the employees and was not contrary to the public interest.

The Fair Work Commission approved the Water Corporation Enterprise Agreement 2021, subject to certain modifications. The modifications related to the definition of certain terms in the agreement and the process for resolving disputes. The Commission also made orders for the registration of the agreement and the enforcement of its terms and conditions. The parties were directed to take all necessary steps to give effect to the orders of the Commission.