Hunter Water Corporation

[2025] FWCA 1153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hunter Water Corporation

(AG2025/767)

HUNTER WATER CORPORATION ENGINEERS AND SCIENTISTS ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 APRIL 2025

Application for approval of the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hunter Water Corporation (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 April 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Water Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, Hunter Water Corporation applied to the Fair Work Commission for the approval of the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for engineers and scientists employed by the corporation. The Fair Work Commission was tasked with determining whether the agreement was fair and reasonable in all its terms.

The key legal issues before the Commission included whether the proposed pay rates and conditions were equitable, whether the agreement adequately protected employees' rights and interests, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider submissions from both Hunter Water Corporation and the relevant employee representatives.

The Fair Work Commission found that the proposed agreement was fair and reasonable. It noted that the agreement provided for fair and competitive pay rates, adequate leave provisions, and appropriate working conditions. The Commission was satisfied that the agreement balanced the interests of both the employer and employees and complied with all relevant legislative requirements. Consequently, the Commission approved the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2024.

The final order of the Commission was that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established