DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westernport Region Water Corporation T/A Westernport Water
(AG2021/6438)

WESTERNPORT WATER ENTERPRISE AGREEMENT 2021-25

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2021

Application for approval of the Westernport Water Enterprise Agreement 2021-25.

[1] An application has been made for approval of an enterprise agreement known as the Westernport Water Enterprise Agreement 2021-25 (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 20 August 2021. The nominal expiry date of the Agreement is 21 April 2025.

COMMISSIONER

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 its Enterprise Agreement for the period 2021-2025. The application sought the Commission's endorsement of the proposed terms and conditions of employment for the employees covered by the agreement. The application was made under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations in Australia.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements set out in the Fair Work Act, including whether it provided for the minimum entitlements and provided for a fair and efficient method of resolving disputes. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the principles of good faith bargaining.

After examining the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for a range of minimum entitlements, including wages, leave, and other benefits, and provided for a fair and efficient method of resolving disputes. The Commission also found that the agreement was the result of good faith bargaining between the parties and that it complied with the principles of the Fair Work Act.

The Commission approved the proposed agreement, subject to certain conditions and modifications. The approved agreement will now apply to the employees covered by the agreement for the period 2021-2025. The final orders of the Commission were that the proposed agreement be approved, subject to the conditions and modifications set out in 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