DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern SEQ Distributor-Retailer Authority
(AG2016/6754)

UNITYWATER WATER INDUSTRY INDOOR/SALARIED STAFF EMPLOYEES ENTERPRISE AGREEMENT NO. 1.

Water, sewerage and drainage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 1..

[1] An application has been made for approval of an enterprise agreement known as the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 1 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern SEQ Distributor-Retailer Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union, The Association of Professional Engineers, Scientists and Managers, Australia, Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Northern SEQ Distributor-Retailer Authority, which was seeking approval for the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 1. The application was brought in the context of ensuring compliance with relevant industrial relations legislation. The court had to determine whether the proposed agreement met the necessary statutory requirements and if it was in the best interests of the employees and the employer.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the necessary statutory provisions and was fair and reasonable. The court needed to assess if the agreement met the criteria set out in the relevant legislation, including provisions for minimum terms and conditions, and whether it was likely to promote harmonious, productive and cooperative workplace relations. The court also had to consider if the agreement was in the best interests of the employees and the employer.

The court found that the proposed enterprise agreement was compliant with the statutory requirements and met the necessary criteria for approval. The agreement was deemed to be fair and reasonable, promoting harmonious, productive and cooperative workplace relations. The court was satisfied that the agreement was in the best interests of the employees and the employer, and thus granted approval for the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 1.

The court ordered that the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 1 be approved as a registered agreement under the relevant industrial relations legislation. The agreement was to be registered from the date of the court's decision, and the parties were directed to take all necessary steps to give effect to the agreement.

Northern SEQ Distributor-Retailer Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established