Central SEQ Distributor-Retailer Authority T/A Urban Utilities

[2023] FWCA 2696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central SEQ Distributor-Retailer Authority T/A Urban Utilities

(AG2023/2761)

URBAN UTILITIES SAS EMPLOYEES’ ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 23 AUGUST 2023

Application for approval of the Urban Utilities SAS Employees’ Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Urban Utilities SAS Employees’ Enterprise Agreement 2023 (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/A Urban Utilities. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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 title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1.1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Australian Municipal, Administrative, Clerical and 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 organisation. The ASU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involved an application by Urban Utilities, trading as Central SEQ Distributor-Retailer Authority, for approval of the Urban Utilities SAS Employees’ Enterprise Agreement 2023. The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary legal requirements and whether it provided for fair and reasonable terms for the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act and whether it contained appropriate terms and conditions. Specifically, the Commission needed to determine if the agreement had been made freely and fairly, without any undue influence or coercion, and if it complied with the statutory minimum standards set out in the Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate wages and conditions, and whether it adequately protected the rights of employees.

In delivering its decision, the Commission noted that the application had been made by Urban Utilities, and that the proposed agreement had been negotiated between the employer and the relevant union representatives. The Commission found that the agreement had been made freely and fairly, without any undue influence or coercion. The Commission also determined that the agreement complied with the statutory minimum standards and contained appropriate terms and conditions for the employees. The Commission approved the proposed agreement, finding that it provided for fair and reasonable terms and conditions of employment and adequately protected the rights of employees.

The Fair Work Commission approved the Urban Utilities SAS Employees’ Enterprise Agreement 2023, subject to the conditions and limitations set out in the decision. The agreement now provides the basis for the terms and conditions of employment for the employees covered by the agreement, and will be in effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established