DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Water Corporation
(AG2021/6443)

YARRA VALLEY WATER ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2021

Application for approval of the Yarra Valley Water Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Water Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Valley Water Corporation. 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 as are relevant to this application for approval have been met.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Association of Professional Engineers, Scientists and Managers, Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 30 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Yarra Valley Water Corporation, an entity established to provide water and sewerage services in Victoria, and its employees represented by the Electrical Trades Union of Australia. The dispute was brought before the Fair Work Commission, the Australian independent statutory body responsible for resolving workplace disputes. The core issue was whether to approve the Yarra Valley Water Enterprise Agreement 2020, which sought to govern the employment terms and conditions of the employees. The crux of the matter revolved around the fairness and compliance of the proposed agreement with the relevant industrial laws, particularly the Fair Work Act 2009.

The Commission had to determine if the agreement met the criteria for being "certified" as a modern award, which would allow it to be registered and enforceable. This involved assessing the agreement's provisions against the better-off-overall test, ensuring that the employees were no worse off financially and had at least the same conditions as those provided by the applicable modern award. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and health provisions of the applicable award.

After examining the evidence and submissions from both parties, the Fair Work Commission concluded that the proposed agreement was fair and complied with the statutory requirements. The Commission found that the agreement met the better-off-overall test and did not undermine the safety and health provisions of the applicable award. Consequently, the Commission approved the Yarra Valley Water Enterprise Agreement 2020, allowing it to be registered and enforceable. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and the parties' submissions, ensuring that the employees' interests were adequately protected while allowing for a fair and effective agreement between the employer and the union.

Yarra Valley Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established