Westernport Region Water Corporation T/A Westernport Water

[2014] FWCA 3817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Westernport Region Water Corporation T/A Westernport Water
(AG2014/1134)

WESTERNPORT REGION WATER CORPORATION ENTERPRISE AGREEMENT 2013 TO 2016

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 10 JUNE 2014

Application for approval of the Westernport Region Water Corporation Enterprise Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Westernport Region Water Corporation Enterprise Agreement 2013 to 2016 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] Professionals Australia and the Australian Municipal, Administrative, Clerical and Services Union (the Unions), 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 Unions.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2014. The nominal expiry date of the Agreement is 18 December 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Westernport Region Water Corporation, trading as Westernport Water, and its employees, represented by the Australian Council of Trade Unions. The nature of the dispute was the approval of the Westernport Region Water Corporation Enterprise Agreement 2013 to 2016. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement met the requirements for "registration" under the Act, which includes ensuring the agreement is in the public interest, does not undermine the ability of employees to protect their interests, and does not discriminate against any group of employees. The court also needed to assess whether the agreement was made in good faith and without coercion.

In delivering the decision, the Commission found that the agreement was in the public interest and did not undermine the ability of employees to protect their interests. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement was made in good faith and without coercion. Based on these findings, the Commission approved the application for the registration of the enterprise agreement.

The Fair Work Commission approved the Westernport Region Water Corporation Enterprise Agreement 2013 to 2016, finding that it met the requirements for registration under the Fair Work Act 2009. The agreement was registered, and the parties were bound by its terms for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established