Central SEQ Distributor-Retailer Authority T/A Urban Utilities

[2023] FWCA 2696

[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

1. 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.

1. 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.

1. 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.

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 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.

2. 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.

1. 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

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