DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central SEQ Distributor-Retailer Authority T/A Queensland Urban Utilities
(AG2017/1901)

QUEENSLAND URBAN UTILITIES’ (QUU) SAS LABORATORY EMPLOYEES’ ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 15 JUNE 2017

Application for approval of the Queensland Urban Utilities’ (QUU) SAS Laboratory Employees’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Urban Utilities’ (QUU) SAS Laboratory Employees’ Enterprise Agreement 2017 (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 T/As Queensland Urban Utilities. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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 organisation.

[4] The Agreement was approved on 15 June 2017 and, in accordance with s.54, will operate from 22 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Central SEQ Distributor-Retailer Authority, trading as Queensland Urban Utilities, the application was brought before the Fair Work Commission for approval of the Queensland Urban Utilities’ (QUU) SAS Laboratory Employees’ Enterprise Agreement 2017. The applicant sought approval of the enterprise agreement, which governs the employment terms and conditions of employees working in the SAS Laboratory division of QUU.

The primary legal issues that the Court needed to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Court had to determine whether the agreement met the requirements for simplicity, clarity, and accessibility, and whether the bargaining process leading to the agreement was fair and compliant. Furthermore, the Court assessed whether the agreement contained provisions that were contrary to public policy or contrary to the overarching objectives of the Fair Work Act.

The Fair Work Commission found that the agreement complied with all relevant statutory requirements. The agreement was deemed to be simple, clear, and accessible to the employees it covered. The bargaining process was found to be fair, and no contrary public policy issues were identified. The Court approved the enterprise agreement, recognising it as a genuine and fair agreement between the employer and the employees. Consequently, the agreement was registered, and the employees covered by it were now bound by its terms and conditions.

As a result of the Court's decision, the Queensland Urban Utilities’ SAS Laboratory Employees’ Enterprise Agreement 2017 was approved and registered by the Fair Work Commission. The agreement, which sets out the employment terms and conditions for employees in the SAS Laboratory division of QUU, is now in effect. This decision ensures that the employees covered by the agreement have a legally binding and fair set of terms and conditions governing their employment.

Central SEQ Distributor-Retailer Authority T/A Queensland Urban Utilities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established