STATEMENT

Fair Work Act 2009
s.418 - Applications for orders that industrial action by employees or employers stop etc.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
South Australian Water Corporation T/A SA Water
(C2021/4526)

United Workers' Union
v
South Australian Water Corporation T/A SA Water
(C2021/4542)

COMMISSIONER HAMPTON

ADELAIDE, 5 AUGUST 2021

[1] The Commission as presently constituted has been dealing with various applications involving the parties to these matters (and others) in the context of bargaining for a new enterprise agreement.

[2] On 4 and 5 August 2021 respectively, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the United Workers Union (UWU) each lodged a s.418 application seeking that orders be made against South Australian Water Corporation T/A SA Water in the context of industrial action notified by the two Unions.

[3] The 2 applications were the subject of a preliminary hearing this afternoon. Having heard from the parties I made some observations about the issues arising given the provisions of the Fair Work Act 2009 and the potential implications arising from the respective positions that had been advanced.

[4] In that light, the Commission invited all parties to step back from (withdraw) the present notices that each had provided and to resume negotiations facilitated directly by the Commission commencing next week. All parties agreed to that course of action.

[5] As a result, these 2 applications have been discontinued. Arrangements will now be made by the Commission for the negotiations to recommence.

[6] I welcome this development and commend the parties on their constructive approach.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with two applications from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Workers Union, both seeking orders against the South Australian Water Corporation T/A SA Water in relation to industrial action. The industrial action was notified by the two unions in the context of bargaining for a new enterprise agreement. The Fair Work Commission heard the applications on 4 and 5 August 2021, respectively. The Commission invited all parties to withdraw the present notices and resume negotiations facilitated directly by the Commission.

The legal issues before the Fair Work Commission included the provisions of the Fair Work Act 2009 and the potential implications arising from the respective positions that had been advanced. The Commission made some observations about the issues and invited all parties to step back from the present notices and resume negotiations facilitated directly by the Commission. The parties agreed to this course of action, and as a result, the two applications have been discontinued.

The Fair Work Commission reasoned that it was in the best interest of all parties to step back from the present industrial action and resume negotiations facilitated directly by the Commission. The Commission commended the parties on their constructive approach and welcomed the development. The Commission will now make arrangements for the negotiations to recommence.

No final orders were made in this matter as the two applications were discontinued. The Commission will facilitate the resumption of negotiations between the parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v South Australian Water Corporation T/A SA Water

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established