DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Northern SEQ Distributor Retailer Authority T/A Unitywater
(AG2020/1438)

UNITYWATER WATER INDUSTRY (MECHANICAL & ELECTRICAL) EMPLOYEES ENTERPRISE AGREEMENT NO. 1

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 16 JUNE 2020

Application for approval of the Unitywater Water Industry (Mechanical & Electrical) Employees Enterprise Agreement No. 1.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Northern SEQ Distributor Retailer Authority T/A Unitywater (the Applicant) for approval of the Unitywater Water Industry (Mechanical & Electrical) Employees Enterprise Agreement No. 1 (the Agreement). The Agreement is a single enterprise agreement.

[2] On the material filed, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) filed Form F18s in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the CEPU and the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 14 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Northern SEQ Distributor Retailer Authority, trading as Unitywater, applied for the approval of the Unitywater Water Industry (Mechanical & Electrical) Employees Enterprise Agreement No. 1. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary standards under the Fair Work Act 2009. The primary dispute centred around whether the agreement adequately protected employees' rights and interests while ensuring the enterprise's operational viability.

The key legal issues before the Commission involved assessing the agreement's compliance with various sections of the Fair Work Act, including provisions concerning minimum entitlements, procedural fairness, and the avoidance of undue hardship. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for both the employees and the employer, taking into account the principles of good faith bargaining and the public interest.

Upon reviewing the agreement, the Commission determined that it met the necessary standards for approval. The agreement provided for fair and reasonable terms, including provisions for minimum entitlements, procedural fairness, and the avoidance of undue hardship. The Commission found that the agreement was the product of good faith bargaining and did not impose undue hardship on the employer. Consequently, the Commission approved the Unitywater Water Industry (Mechanical & Electrical) Employees Enterprise Agreement No. 1. The Commission's decision was based on a comprehensive assessment of the agreement's provisions, the bargaining process, and its alignment with the statutory requirements and principles of good faith bargaining.

Northern SEQ Distributor Retailer Authority T/A Unitywater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established