Central SEQ Distributor-Retailer Authority Trading AS Urban Utilities

[2025] FWCA 1659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Central SEQ Distributor-Retailer Authority Trading AS Urban Utilities

(AG2025/1045)

URBAN UTILITIES OPERATIONAL AND FIELD EMPLOYEES' ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
COMMISSIONER DURHAM	BRISBANE, 16 MAY 2025

Application for approval of the Urban Utilities Operational and Field Employees' Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Urban Utilities Operational and Field Employees' Enterprise Agreement 2025 (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 Trading AS Urban Utilities (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 128V (CEPU) - Plumbing Division, Queensland Divisional Branch (CEPU), and Australian Municipal, Administrative, Clerical and Services Union ('The Services Union') (ASU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, CEPU and ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Central SEQ Distributor-Retailer Authority Trading as Urban Utilities, seeking approval of the Urban Utilities Operational and Field Employees' Enterprise Agreement 2025. This application was lodged under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can take effect. The dispute centered on whether the proposed agreement met the legal requirements for approval, particularly in terms of its provisions concerning employee conditions, dispute resolution mechanisms, and procedural fairness.

The primary legal issues that the court had to address were whether the agreement adequately protected the rights of employees, ensured procedural fairness in its negotiation and drafting process, and complied with the statutory provisions outlined in the Fair Work Act. The court also needed to determine if the agreement provided for appropriate mechanisms to resolve future disputes between the employer and employees. These issues required a detailed examination of the agreement's contents, as well as an assessment of how the agreement would operate in practice.

In making its decision, the court considered various submissions from both Urban Utilities and employee representatives. It carefully reviewed the provisions of the Fair Work Act and relevant case law to ensure that the agreement met all necessary legal standards. The court found that the agreement was comprehensive and provided adequate protections for employees. It also determined that the negotiation process had been fair and that the dispute resolution mechanisms were appropriate. Consequently, the court approved the agreement, finding that it met all the legal requirements for endorsement under the Act. The court's decision was based on a thorough analysis of the agreement's provisions and its compliance with statutory obligations.

The final orders of the court were to approve the Urban Utilities Operational and Field Employees' Enterprise Agreement 2025, subject to the conditions set forth in the decision. The approval allowed the agreement to take effect, providing a framework for the terms and conditions of employment for operational and field employees within Urban Utilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established