Northern SEQ Distributor Retailer Authority

[2024] FWCA 4057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern SEQ Distributor Retailer Authority

(AG2024/3793)

UNITYWATER WATER INDUSTRY PRIVATE WORKS EMPLOYEES (CONSTRUCTION) ENTERPRISE AGREEMENT NO. 2

Waste management industry
COMMISSIONER MATHESON	SYDNEY, 20 NOVEMBER 2024

Application for approval of the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No.2

An application has been made for approval of an enterprise agreement known as the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No.2 (Agreement). The application was made by Northern SEQ Distributor Retailer Authority T/A Unitywater (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 12 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Northern SEQ Distributor Retailer Authority, the applicant sought approval for the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No. 2. The dispute arose in the context of industrial relations, specifically concerning the terms and conditions of employment for construction workers within the water industry in Northern South East Queensland. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for "better off overall and in the round," which requires that employees be no worse off financially and at least one term of the agreement be an improvement on the previous agreement or award. Additionally, the Commission examined whether the agreement contained terms that were contrary to public policy or had the potential to undermine industrial harmony.

The Commission concluded that the proposed agreement was compliant with the statutory requirements. It found that the employees would be better off overall and in the round, as the agreement included provisions that enhanced pay and conditions while also ensuring that employees were not disadvantaged. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or would undermine industrial harmony. As such, the application for approval was successful.

The Fair Work Commission approved the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No. 2, affirming that it met the necessary legal standards under the Fair Work Act 2009. This decision allowed the terms of the agreement to be implemented, providing certainty and stability for both the employer and the employees involved in the construction of private water works in Northern South East Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established