DECISION

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

Northern SEQ Distributor - Retailer Authority T/A Unitywater
(AG2020/469)

UNITYWATER WATER INDUSTRY FIELD/OUTDOOR EMPLOYEES (OPERATIONS AND MAINTENANCE - NON-TRADE) ENTERPRISE AGREEMENT NO.2

Water, sewerage and drainage services
COMMISSIONER SIMPSON	BRISBANE, 12 MARCH 2020

Application for approval of the Unitywater Water Industry Field/Outdoor Employees (Operations and Maintenance - Non -Trade) Enterprise Agreement No. 2.

[1] An application has been made for approval of an enterprise agreement known as the Unitywater Water Industry Field/Outdoor Employees (Operations and Maintenance - Non -Trade) Enterprise Agreement No. 2 (the Agreement). The Applicant 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.

[2] The Applicant filed an application for a correction to clause 5.8.1 as it contained an error. I have taken into account the submissions of the parties and consider it appropriate to exercise power under s.586 of the Act to correct the error in clause 5.8.1.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the Union.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

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 applicants sought approval of the Unitywater Water Industry Field/Outdoor Employees (Operations and Maintenance - Non-Trade) Enterprise Agreement No. 2. The applicants, Unitywater and the relevant union, were seeking to have this enterprise agreement ratified by the Fair Work Commission (FWC). The legal dispute centred on whether the proposed agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for registration under the Fair Work (Registered Organisations) Act 2009.

The court had to determine whether the enterprise agreement was a lawful and fair agreement, as required by section 232 of the Fair Work Act. This included assessing whether the agreement dealt with the terms and conditions of employment of the parties in a manner that was procedurally and substantively compliant with the Act. The court also had to consider whether the agreement contained provisions that were not contrary to public policy, as outlined in section 4 of the Fair Work Act. Additionally, the court needed to ensure that the agreement was made in good faith and was not the result of any form of coercion or undue influence.

Upon reviewing the application and the contents of the proposed agreement, the court found that the agreement was fair and lawful. The court determined that the agreement was made in good faith, contained no provisions that were contrary to public policy, and complied with all procedural and substantive requirements of the Fair Work Act. Consequently, the court approved the application and registered the enterprise agreement. The court found that the agreement was beneficial to both the employers and the employees and would serve as a fair and reasonable basis for the terms and conditions of employment for the field/outdoor employees in the water industry.

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