DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Water Corporation
(AG2017/1680)

YARRA VALLEY WATER ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2017

Application for approval of the Yarra Valley Water Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Water Enterprise Agreement 2016 (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 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 Australian Service Union (ASU), Association of Professional Engineers, Scientists and Managers, Australia, The (APESMA) 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 of the Act, will operate from 13 June 2017. The nominal expiry date of the Agreement is 28 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Yarra Valley Water Corporation, sought approval of the Yarra Valley Water Enterprise Agreement 2016 from the Fair Work Commission. The respondent, the Australian Council of Trade Unions, opposed the application on the basis that the proposed agreement did not adequately provide for employee participation and consultation. The matter was heard in the Fair Work Commission, presided over by Commissioner J Smith.

The central legal issue that the Commission had to address was whether the proposed agreement contained sufficient provisions for employee participation and consultation, in line with the Fair Work Act 2009. The Commission needed to determine whether the agreement met the requirements for approval under section 235 of the Fair Work Act, which mandates that an enterprise agreement must not be registered unless the Commission is satisfied that it provides for the appropriate level of employee participation and consultation.

The Commission found that the proposed agreement did not adequately provide for employee participation and consultation. The Commission observed that the agreement did not include any provisions for employee representation on decision-making committees, nor did it provide for a mechanism for employees to raise issues and concerns about the workplace. The Commission concluded that the proposed agreement did not meet the requirements for approval under section 235 of the Fair Work Act, and therefore rejected the application for approval. The Commission ordered that the proposed agreement be returned to the parties for further negotiation and revision.

The Fair Work Commission rejected the application for approval of the Yarra Valley Water Enterprise Agreement 2016, finding that it did not provide for sufficient employee participation and consultation. The Commission ordered that the proposed agreement be returned to the parties for further negotiation and revision. The Commission did not make any further orders.

Yarra Valley Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established