DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westernport Region Water Corporation T/A Westernport Water
(AG2020/123)

WESTERNPORT WATER ENTERPRISE AGREEMENT 2019-20

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 3 MARCH 2020

Application for approval of the Westernport Water Enterprise Agreement 2019-20.

[1] An application has been made for approval of an enterprise agreement known as the Westernport Water Enterprise Agreement 2019-20 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westernport Region Water Corporation T/A Westernport 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 18 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Westernport Region Water Corporation, trading as Westernport Water, and its employees, represented by the Australian Manufacturing Workers’ Union. The dispute centred on the approval of the Westernport Water Enterprise Agreement 2019-20. The matter was brought before the Fair Work Commission. The central legal issues the court had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and if it provided fair and reasonable terms for both the employer and the employees.

The Fair Work Commission examined the provisions of the proposed agreement to determine if it complied with the necessary standards. The court considered the balance of the agreement, ensuring it did not undermine the fundamental rights of employees or provide undue advantage to the employer. It also assessed whether the agreement was made in good faith and if it included the necessary minimum terms and conditions. The court found that the proposed agreement met the legislative requirements and was fair and reasonable, considering the specific circumstances of the employer and the employees.

As a result of the court’s findings, the Westernport Water Enterprise Agreement 2019-20 was approved. The decision was based on the comprehensive review of the agreement, which was deemed to be compliant with the Fair Work Act 2009. The court’s approval ensured that the agreement would govern the employment terms of the parties for the specified period. The final orders confirmed the approval of the agreement, setting it into effect from the date of the decision.

Westernport Region Water Corporation T/A Westernport Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established