Icon Water Limited T/A Icon Water Summary

[2023] FWCA 954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Icon Water Limited T/A Icon Water

(AG2023/451)

ICON WATER AND COMBINED UNIONS ENTERPRISE AGREEMENT 2022

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2023

Application for approval of the Icon Water and Combined Unions Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Icon Water and Combined Unions Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Water Limited T/A Icon Water. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The United Workers’ Union, Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU), Community and Public Sector Union, Association of Professional Engineers, Scientists and Managers Australia, the Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representative for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2023. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Icon Water Limited, trading as Icon Water, applied to the Fair Work Commission for the approval of the Icon Water and Combined Unions Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for Icon Water's employees, including issues related to wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained all the required terms as outlined in the Fair Work Act. This included assessing if the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement adhered to the "single, national system" provisions, ensuring that it did not undermine the national workplace relations system.

The Fair Work Commission, after thorough examination, found that the Icon Water and Combined Unions Enterprise Agreement 2022 met all the statutory requirements for approval. The Commission determined that the agreement was consistent with the national workplace relations system and passed the better off overall test. The agreement was also found to include all the prescribed terms required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, acknowledging that it provided a fair and balanced outcome for both Icon Water and its employees.

In approving the enterprise agreement, the Commission noted that the agreement provided for fair wages, reasonable working conditions, and included all the necessary prescribed terms as required by law. The decision underscored the importance of balancing the interests of both employers and employees while adhering to the statutory framework established by the Fair Work Act.

Icon Water Limited T/A Icon Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established