Application for approval of the Gippsland Water Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Water Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Gippsland Region Water Corporation Trading AS Gippsland Water. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

[3] I observe that clauses 24.11(a), 25.2, 30 and 31.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] I note clause 25.7(b) of the Agreement contained an incorrect cross-reference to clause 24.6. The Employer confirmed this is a typographical error and clause 25.7(b) is supposed to reference clause 25.6. I am satisfied that the discrepancy is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

[6] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, both being a bargaining representative for the Agreement, have each 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.

[7] The Agreement is approved and in accordance with s.54, will operate from 15 July 2025. The nominal expiry date of the Agreement is 12 October 2028.

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