GOULBURN VALLEY WATER ENTERPRISE AGREEMENT 2024

Application for approval of the Goulburn Valley Water Enterprise Agreement 2024

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

[2] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[3] The F17 Declaration submitted by the Employer did not include information about whether employees have a sufficient interest in the terms of the agreement or were sufficiently representative of the employees it intends to cover. Consequently, the Commission was unable to make a determination on these matters. The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees requested to approve the agreement by voting for it have a sufficient interest in the terms of the agreement and are sufficiently representative.

[4] The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model consultation term can be found in Schedule J of the Agreement.

[5] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 29.14 - Personal Leave

• Clause 28.13 - Compassionate Leave

• Clause 13.1 - Notice of Termination by Employee or Employer

The Employer provided a NES precedence clause within their undertakings. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule I of the Agreement. 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.

[7] 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.

[8] The Australian Municipal, Administrative, Clerical & Services Union (ASU) 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 ASU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2025. The nominal expiry date of the Agreement is 17 May 2028.

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