Northern Seq Distributor - Retailer Authority T/A Unitywater Summary

[2024] FWCA 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Seq Distributor - Retailer Authority T/A Unitywater

(AG2024/902)

UNITYWATER WATER INDUSTRY INDOOR/SALARIED STAFF EMPLOYEES ENTERPRISE AGREEMENT NO. 3

Waste management industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 5 APRIL 2024

Application for approval of the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 3

An application has been made for the approval of an enterprise agreement known as the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 3 (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 T/A Unitywater (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers Union (AWU), the Association of Professional Engineers, Scientists and Managers Australia, Queensland Branch (APESMA) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 AWU, APESMA and ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 April 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Northern Seq Distributor - Retailer Authority, represented by the Australian Building and Construction Commission (ABCC), and the Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 3. The dispute centred on the application for approval of this enterprise agreement. The Fair Work Commission heard the case.

The central legal issues the court had to address involved the validity and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The ABCC raised concerns about the agreement's fairness and the process through which it was negotiated. The commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act, including ensuring that it was free from any contraventions and that it was negotiated in good faith.

The Fair Work Commission examined the evidence presented and found that the enterprise agreement did not contravene the Fair Work Act. The commission concluded that the agreement was fair and reasonable, considering the evidence provided by both parties. The commission highlighted that the agreement was negotiated in good faith and met all the necessary criteria for approval. Consequently, the commission approved the enterprise agreement.

In light of the findings, the commission approved the Unitywater Water Industry Indoor/Salaried Staff Employees Enterprise Agreement No. 3, subject to the terms and conditions set out in the decision. The decision also included specific directions for the operation of the agreement, ensuring compliance with the Fair Work Act.

Northern Seq Distributor - Retailer Authority T/A Unitywater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established