DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Region Water Corporation T/A Western Water
(AG2015/3497)

WESTERN WATER ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 18 AUGUST 2015

Application for approval of the Western Water Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Western Water 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 Western Region Water Corporation. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 25 August 2015. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Western Region Water Corporation, trading as Western Water, and its employees represented by the Australian Manufacturing Workers' Union. The primary dispute centred on the approval of the Western Water Enterprise Agreement 2014, a proposed agreement intended to govern the employment terms and conditions of the employees. The matter was adjudicated in the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations.

The legal issues the court needed to address included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it included all necessary terms and conditions and whether it was fair and appropriate for the workforce. Additionally, the court had to consider if the agreement was consistent with the broader principles of the Australian industrial relations system, including the protection of employee rights and the promotion of harmonious, productive and cooperative workplace relations.

In its decision, the Fair Work Commission found that the proposed agreement did meet the statutory requirements and was fair and appropriate for the employees. The Commission noted that the agreement contained all necessary terms and conditions, was consistent with the broader principles of the Australian industrial relations system, and was the product of genuine negotiations between the parties. The Commission also found that the agreement provided a fair and reasonable framework for the resolution of workplace disputes and the promotion of harmonious, productive and cooperative workplace relations. Based on these findings, the Commission approved the Western Water Enterprise Agreement 2014.

The Fair Work Commission's decision was affirmed by the Federal Court, which found that the Commission had exercised its discretion correctly in approving the agreement. The court found that the Commission had considered all relevant factors and had reached a reasonable conclusion based on the evidence before it. The court also found that the agreement was consistent with the broader principles of the Australian industrial relations system and was in the best interests of the employees.

Western Region Water Corporation T/A Western Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established