DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westernport Region Water Corporation T/A Westernport Water
(AG2017/6282)

WESTERNPORT WATER ENTERPRISE AGREEMENT 2017 - 2019

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Westernport Water Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Westernport Water Enterprise Agreement 2017 - 2019 (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 Applicant 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] The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 18 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Westernport Region Water Corporation, trading as Westernport Water, applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2017 to 2019. The applicant sought to have the agreement, which contained provisions regarding wages, hours of work, and other employment conditions, recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions, who raised concerns about certain provisions of the agreement, particularly those relating to the payment of wages and allowances.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act and whether the provisions were consistent with the principles of procedural and substantive fairness. Key issues focused on the process by which the agreement was negotiated, the fairness of the terms included, and whether the agreement adequately protected the rights of the employees. The Commission had to determine whether the agreement was made in good faith, whether it was genuinely intended to be an enterprise agreement, and whether it complied with the mandatory provisions of the Fair Work Act.

The Fair Work Commission determined that the Westernport Water Enterprise Agreement 2017-2019 was valid and should be approved. The Commission found that the agreement was made in good faith, was genuinely intended to be an enterprise agreement, and complied with the mandatory provisions of the Fair Work Act. The Commission considered the evidence presented by both parties and concluded that the negotiation process was fair, and the terms of the agreement were reasonable and not prejudicial to the employees. The Commission approved the agreement on the basis that it provided a fair and reasonable framework for the employment conditions of the employees.

The Fair Work Commission approved the Westernport Water Enterprise Agreement 2017-2019, subject to certain conditions, including the requirement for the applicant to provide further information regarding the implementation of the agreement. The Commission ordered that the agreement be registered and would be effective from the date of the decision. The Commission also directed the parties to take steps to ensure that the agreement was properly communicated to all employees and that any outstanding issues were resolved in a timely manner.

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