Central SEQ Distributor-Retailer Authority

[2022] FWCA 234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central SEQ Distributor-Retailer Authority

(AG2021/9132)

Urban Utilities Operational and Field Employees' Enterprise Agreement 2021

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 28 JANUARY 2022

Application for approval of the Urban Utilities Operational and Field Employees' Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Urban Utilities Operational and Field Employees’ Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central SEQ Distributor-Retailer Authority. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have 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 organisations.

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

· Clause 3.7.6 – Notice of Termination of Employment.
· Clause 7.6.5 – Personal/Carer’s Leave.

However, noting clause 1.3 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 4 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Central SEQ Distributor-Retailer Authority for the approval of the Urban Utilities Operational and Field Employees' Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment for operational and field employees within the utility sector in the Central South East Queensland region. The Commission's role was to assess whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum entitlements and ensuring that the agreement did not unfairly disadvantage any party.

The primary legal issues that the Commission had to address included whether the proposed agreement met the 'better off overall test' and if it contained terms that were consistent with the national minimum standards. Additionally, the Commission needed to determine if the agreement adhered to the procedural requirements stipulated in the Act and if it appropriately balanced the interests of both employers and employees. The fairness and reasonableness of the agreement's terms, particularly concerning hours of work, wages, and other employment conditions, were also critical to the decision.

In its reasoning, the Commission emphasised the importance of ensuring that the agreement did not undermine the minimum entitlements set out in the national workplace relations system. The Commission noted that the proposed agreement provided for a comprehensive set of terms that, on balance, met the better off overall test. The Commission found that the agreement was fair and reasonable, taking into account the economic context and the specific needs of the utility sector. The Commission approved the agreement, recognising the negotiated outcomes as a fair reflection of the parties' bargaining positions and interests. Consequently, the application for approval was successful, and the agreement was endorsed as compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established