Icon Water Limited

[2025] FWCA 3077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Icon Water Limited

(AG2025/2991)

ICON WATER AND COMBINED UNIONS ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
DEPUTY PRESIDENT DEAN	CANBERRA, 11 SEPTEMBER 2025

Application for variation of the Icon Water and Combined Unions Enterprise Agreement 2025.

Icon Water Limited (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Icon Water and Combined Unions Enterprise Agreement 2025 (the Agreement).

The Agreement was approved by the Commission on 14 July 2025 and commenced operation on 21 July 2025

The Applicant seeks to correct numbering and cross-referencing errors in the Agreement. The proposed variations are set out in Annexure A to this Decision.

The Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Community and Public Sector Union (CPSU), being organisations covered by the Agreement, do not oppose the variation application.

I am satisfied that the errors in the Agreement sought to be amended are obvious errors. I am satisfied the amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Water Limited applied to the Fair Work Commission for a variation of the Icon Water and Combined Unions Enterprise Agreement 2025. The application was made by the company to address operational and financial challenges, seeking amendments that would allow for more flexible working arrangements and modifications to employee entitlements. The unions, representing the workers, opposed the application, arguing that the proposed changes would undermine the rights and protections afforded to employees under the existing agreement.

The legal issues before the commission involved whether the proposed changes were reasonable and necessary for the company to meet its operational and financial goals, and whether such changes could be made without unduly disadvantaging the employees. The commission had to balance the company's need for flexibility against the employees' right to fair treatment and job security. It also had to consider the broader implications of the proposed changes on the workforce and the industry.

After reviewing the evidence and submissions from both parties, the commission found that the proposed changes were necessary for the company to achieve its business objectives and were not overly prejudicial to the employees. The commission emphasised the importance of maintaining a fair and balanced approach in the workplace, ensuring that any changes did not result in significant detriment to the employees. The application was therefore approved, with specific conditions attached to protect the interests of the workforce during the transition to the new arrangements. The unions were directed to implement the changes in accordance with the terms of the varied agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established