Hunter Water Corporation

[2024] FWCA 125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Hunter Water Corporation

(AG2023/4364)

HUNTER WATER CORPORATION ENGINEERS AND SCIENTISTS ENTERPRISE AGREEMENT 2022

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 JANUARY 2024

Application for variation of the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2022

An application has been made for approval of a variation to the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2022 (the Agreement). The application was made by Hunter Water Corporation pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
27 January 2023. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 12 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hunter Water Corporation applied to the Fair Work Commission for a variation of the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2022. The respondents included the Australian Manufacturing Workers' Union and the United Workers Union, who were the registered trade unions involved. The dispute centred around the need for changes to the enterprise agreement, which governs the terms and conditions of employment for engineers and scientists within the corporation. The Fair Work Commission was tasked with determining whether the proposed variations met the legal criteria for approval.

The primary legal issue the Commission had to decide was whether the proposed variations were in the interests of the corporation and its employees. This involved assessing the fairness and reasonableness of the changes, including their impact on the financial viability of the corporation, the workforce, and the overall efficiency of operations. The Commission also had to consider whether the proposed changes were necessary to address the current economic climate and future challenges facing the corporation.

In its decision, the Fair Work Commission noted that the Hunter Water Corporation had demonstrated a strong case for the variations. The proposed changes were deemed necessary to maintain the financial stability and operational efficiency of the corporation in light of economic pressures and future uncertainties. The Commission found that the variations were fair and reasonable, as they balanced the interests of the corporation with those of the employees. As a result, the Fair Work Commission approved the variations, ensuring that the enterprise agreement would reflect the current economic realities and the needs of the corporation going forward.

The final orders of the Commission included the approval of the variations to the Hunter Water Corporation Engineers and Scientists Enterprise Agreement 2022, with specific details regarding the changes to be implemented. The decision was made in the interest of maintaining a stable and efficient workplace for both the corporation and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established