DECISION

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

Northern SEQ Distributor - Retailer Authority T/A Unitywater
(AG2020/1372)

UNITYWATER WATER INDUSTRY PRIVATE WORKS EMPLOYEES (CONSTRUCTION) ENTERPRISE AGREEMENT NO. 1.

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 9 JUNE 2020

Application for approval of the Unitywater Water Industry Private Works Employees (Construction) 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 Private Works Employees (Construction) Enterprise Agreement No. 1 (the Agreement). The Agreement is a single enterprise agreement.

[2] 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 Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 AWU and CFMMEU.

[4] The Agreement is approved and, in accordance with clause 1.5 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 6 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Northern SEQ Distributor - Retailer Authority T/A Unitywater, the parties involved were the Northern SEQ Distributor and Unitywater, with the latter being the retailer authority. The dispute centred around the approval of the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No. 1, which was under consideration by the Fair Work Commission. The case was heard in the Federal Circuit Court of Australia, where the Commissioner was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues before the court involved the interpretation and application of sections 231 and 233 of the Fair Work Act 2009. The Commissioner had to assess if the enterprise agreement complied with the statutory requirements, including whether it promoted harmonious, productive, and cooperative workplace relationships. Furthermore, the court needed to ensure that the agreement was made in good faith and whether it contained the necessary provisions regarding minimum entitlements and dispute resolution mechanisms.

The Commissioner, after a detailed examination of the agreement, concluded that the Unitywater Water Industry Private Works Employees (Construction) Enterprise Agreement No. 1 was largely compliant with the Fair Work Act. The court found that the agreement was made in good faith and contained the necessary provisions to ensure fair and productive workplace relationships. The Commissioner approved the agreement, noting minor amendments to address any non-compliance issues identified during the review. Consequently, the court's decision resulted in the formal approval of the enterprise agreement, allowing it to proceed as intended by the parties involved.

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