DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Region Water Corporation T/A Western Water
(AG2018/1864)

WESTERN WATER ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Western Water Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Water Enterprise Agreement 2017 (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 T/A Western Water. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Western Region Water Corporation trading as Western Water, applied to the Fair Work Commission for approval of the Western Water Enterprise Agreement 2017. The application arose out of negotiations between Western Water and the relevant unions. The dispute centred around the terms of the proposed agreement, which the unions contested on various grounds, including whether certain provisions were in the best interests of the employees. The matter was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and the terms of the agreement itself. The Commission had to determine if the agreement was made in good faith, if it was negotiated fairly and appropriately, and if it met the best interests test for employees. The unions argued that the negotiation process was flawed and that certain terms were not in the best interests of the employees, while Western Water contended that the agreement was fair and met all legal requirements.

The Commission found that the negotiation process was conducted in good faith and that the proposed agreement was negotiated fairly. The Commission considered the evidence provided by both parties and examined the terms of the agreement. While acknowledging some concerns raised by the unions, the Commission concluded that the overall agreement was in the best interests of the employees. The Commission found that the benefits of the agreement, particularly in terms of wages and conditions, outweighed any potential drawbacks, and thus approved the application for the Western Water Enterprise Agreement 2017.

The Fair Work Commission approved the Western Water Enterprise Agreement 2017, finding that it complied with the requirements of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, was negotiated fairly, and met the best interests test for employees. The decision provides clarity for both Western Water and the unions regarding the terms of the agreement and ensures that the employees are covered by a legally approved enterprise agreement.

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