Central SEQ Distributor-Retailer Authority T/A Urban Utilities

[2022] FWCA 1927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Central SEQ Distributor-Retailer Authority T/A Urban Utilities

(AG2022/1799)

Application for approval of the Urban Utilities’ Administrative and Technical Employees’ EnterpriseAgreement 2022

Water, sewerage and drainage services
COMMISSIONER SPENCER	BRISBANE, 14 JUNE 2022

Application for approval of the Urban Utilities’ Administrative and Technical Employees’ Enterprise Agreement 2022

An application has been made for approval of the Urban Utilities’ Administrative and Technical Employees’ Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central SEQ Distributor-Retailer Authority trading as Urban Utilities. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers Union, being 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Central SEQ Distributor-Retailer Authority, trading as Urban Utilities, which sought approval of the Urban Utilities’ Administrative and Technical Employees’ Enterprise Agreement 2022. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement contained provisions that complied with the statutory requirements for good faith bargaining and whether it adequately addressed the interests of both the employer and the employees.

The court needed to assess whether the agreement reflected genuine efforts to bargain in good faith, as mandated by the Act. It was also required to evaluate if the agreement provided a fair and reasonable framework for the employees’ remuneration, conditions of employment, and other related matters. Furthermore, the court examined if the agreement contained any provisions that were unfair or unreasonable, and if it adequately balanced the interests of the employer and the employees.

In its reasoning, the court found that the agreement demonstrated a commitment to good faith bargaining, with evidence of extensive negotiations between the parties. The court noted that the agreement included provisions that addressed key employee concerns, such as remuneration, working conditions, and dispute resolution mechanisms. It found that the agreement was fair and reasonable, striking an appropriate balance between the interests of the employer and the employees. Consequently, the court approved the agreement, recognising its compliance with the statutory requirements and its potential to foster a productive working relationship.

The final orders of the court were that the Urban Utilities’ Administrative and Technical Employees’ Enterprise Agreement 2022 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established