Hunter Water Australia Pty Limited Summary

[2013] FWCA 2177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Water Australia Pty Limited
(AG2013/639)

HUNTER WATER AUSTRALIA PTY LIMITED GENERAL EMPLOYEES’ AGREEMENT (2013)

Water, sewerage and drainage services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 APRIL 2013

Application for approval of the Hunter Water Australia Pty Limited General Employees’ Agreement (2013).

[1] An application has been made for approval of an enterprise agreement known as the Hunter Water Australia Pty Limited General Employees’ Agreement (2013) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Water Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Australian Services Union of N.S.W., 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) of the Act, I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Water Australia Pty Limited applied to the Fair Work Commission for approval of a new general employees’ agreement (2013). The applicant sought approval for the agreement under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of Hunter Water, and the application was made to ensure the agreement complied with the requirements of the Act.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it included provisions that were not in breach of any minimum standards prescribed by the Act. The applicant argued that the agreement was fair and reasonable, and that it adhered to the minimum standards set by the Act.

The Fair Work Commission examined the proposed agreement in detail, considering the provisions and their alignment with the statutory requirements. The Commission took into account the nature of the employment relationship, the terms proposed, and whether they provided for fair and reasonable conditions of employment. After careful analysis, the Commission found that the agreement met the necessary criteria and did not contravene any minimum standards. Therefore, the application for approval was successful.

The final orders of the Commission were that the Hunter Water Australia Pty Limited General Employees’ Agreement (2013) be approved as a registered agreement under section 233 of the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement are legally enforceable for the employees of Hunter Water.

Hunter Water Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established