Yarra Valley Water Corporation Summary

[2021] FWCA 6226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Water Corporation
(AG2021/7473)

YARRA VALLEY WATER ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 OCTOBER 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Yarra Valley Water Corporation sought approval of the Yarra Valley Water Enterprise Agreement 2020. The respondent, the Australian Council of Trade Unions, objected to the approval, asserting that the agreement contained provisions that were not compliant with the relevant legislative framework. The case involved the interpretation and application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, focusing on the requirements for the approval of an enterprise agreement by the Commission.

The central legal issues revolved around whether the provisions of the proposed agreement met the statutory criteria for direct submission and approval. Specifically, the respondent argued that certain clauses regarding wages, conditions, and other employment terms contravened the provisions of the Fair Work Act and the Registered Organisations Act. The Commission had to determine whether the agreement, as proposed, adhered to the legislative requirements for enterprise agreements and whether the applicant had fulfilled the necessary procedural steps for direct submission.

In delivering its decision, the Commission examined the content of the agreement against the statutory framework. It found that the proposed agreement generally complied with the relevant legislation, though it identified some minor technical issues. The Commission held that these issues could be rectified through minor amendments without fundamentally altering the agreement's substance. Consequently, the Commission approved the agreement with the condition that the applicant make the necessary amendments to address the identified non-compliances. The Commission emphasised the importance of ensuring that all provisions of an enterprise agreement align with the legislative requirements to avoid future disputes and ensure the agreement's enforceability.

The Fair Work Commission granted the application for approval of the Yarra Valley Water Enterprise Agreement 2020, subject to the applicant making specified amendments to correct the identified non-compliances. The approved agreement was to be registered by the Commission, thereby providing a legally binding framework for the terms and conditions of employment for the parties involved.

Yarra Valley Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established