Northern SEQ Distributor Retailer Authority T/A Unitywater
[2024] FWCA 3974
•13 NOVEMBER 2024
| [2024] FWCA 3974 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Northern SEQ Distributor Retailer Authority T/A Unitywater
(AG2024/4059)
UNITYWATER WATER INDUSTRY (MECHANICAL & ELECTRICAL) EMPLOYEES ENTERPRISE AGREEMENT NO. 2
| Waste management industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 13 NOVEMBER 2024 |
Application for approval of the Unitywater Water Industry(Mechanical and Electrical) Employees Enterprise Agreement No.2
An application has been made for approval of an enterprise agreement known as the Unitywater Industry (Mechanical & Electrical) Employees Enterprise Agreement No.2 (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 Retail Authority (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
The Applicant has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:
· Clause 4.4.2 incorrectly states a tool allowance of $34.37 which should be $37.56 per week
The Applicant has provided an updated copy of the Agreement which corrected this error. The Applicant has explained how the error arose and that the words of the Agreement support this explanation. Further the new rate is higher than that which was in the Agreement expressed at clause 4.4.2. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I exercise the discretion conferred by s.218A of the Act to amend the Agreement accordingly.
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU WA) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU, AMWU and ETU WA.
In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and ETU-WA are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and will operate from 20 November 2024. The nominal expiry date of the Agreement is 12 November 2028.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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