Central SEQ Distributor-Retailer Authority

[2022] FWCA 234

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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