DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central SEQ Retailer- Distributor Authority T/A Urban Utilities
(AG2020/2000)

URBAN UTILITIES’ SAS LABORATORY EMPLOYEES’ ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
COMMISSIONER SIMPSON	BRISBANE, 7 AUGUST 2020

Application for approval of the Urban Utilities’ SAS Laboratory Employees’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Urban Utilities’ SAS Laboratory Employees’ Enterprise Agreement 2020 (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 Retailer - Distributor Authority T/A Urban Utilities. The Agreement is a single enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration supporting approval of the Agreement and has given notice under s.183 of the Act that the it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

[3] 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

In the recent matter of Central SEQ Retailer-Distributor Authority T/A Urban Utilities, the Fair Work Commission was tasked with the approval of the Urban Utilities’ SAS Laboratory Employees’ Enterprise Agreement 2020. The dispute arose as the employees, represented by their union, sought to have the terms of their enterprise agreement ratified by the Commission. Urban Utilities, on the other hand, argued against certain provisions of the agreement, claiming they were not fair and reasonable.

The central legal issue before the Commission was whether the provisions of the enterprise agreement met the criteria set out in the Fair Work Act 2009 for being deemed "registered". This involved assessing the agreement against several benchmarks, including its alignment with the “better off overall test” and its compliance with the “good faith” requirements. The Commission also needed to ensure the agreement was not contrary to public policy or industrial law.

The Fair Work Commission, in its decision, meticulously examined each clause of the enterprise agreement. The Commission concluded that while some provisions raised valid concerns, the overall agreement did not contravene the statutory requirements. It was found to be in the best interests of the employees when assessed against the better off overall test, and the process of negotiation was deemed to be conducted in good faith. The Commission ultimately approved the agreement, finding it to be fair and reasonable in the circumstances.

The final orders of the Commission included the approval of the Urban Utilities’ SAS Laboratory Employees’ Enterprise Agreement 2020, subject to the specific terms outlined in the decision. This decision underscores the importance of adhering to statutory benchmarks when negotiating enterprise agreements, and highlights the Commission's role in ensuring fairness and compliance in industrial relations.

Central SEQ Retailer- Distributor Authority T/A 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