DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern SEQ Distributor-Retailer Authority T/A Unitywater
(AG2017/2155)

UNITYWATER WATER INDUSTRY FIELD/OUTDOOR EMPLOYEES (MECHANICAL & ELECTRICAL, OPERATIONS SUPPORT AND OTHER TRADES) ENTERPRISE AGREEMENT NO. 1

Water, sewerage and drainage services
COMMISSIONER MCKINNON	MELBOURNE, 4 JULY 2017

Application for approval of the Unitywater Water Industry Field/Outdoor Employees (Mechanical & Electrical, Operations Support and Other Trades) Enterprise Agreement No. 1.

[1] An application has been made for approval of an enterprise agreement known as the Unitywater Water Industry Field/Outdoor Employees (Mechanical & Electrical, Operations Support and Other Trades) Enterprise Agreement No. 1 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Northern SEQ Distributor-Retailer Authority trading as Unitywater for approval of the Unitywater Water Industry Field/Outdoor Employees (Mechanical & Electrical, Operations Support and Other Trades) Enterprise Agreement No. 1. The dispute centred on the proposed terms and conditions of employment for field and outdoor employees within the water industry, specifically those involved in mechanical and electrical roles, operations support, and other trades. The application was made under the Fair Work Act 2009, which mandates that certain enterprise agreements must receive approval from the Fair Work Commission to be legally binding.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including provisions for the protection of employee interests and compliance with relevant labour laws. The court had to consider whether the agreement provided fair and reasonable terms for the employees, including matters such as pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. Additionally, the court assessed whether the agreement adhered to the "better off overall test," ensuring that the overall terms and conditions of employment were no less favourable than the applicable award or safety net.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the statutory requirements. The court determined that the agreement provided fair and reasonable terms for the employees, taking into account the specific needs and conditions of field and outdoor work within the water industry. The Commission also confirmed that the agreement passed the better off overall test, offering terms and conditions that were at least as favourable as those provided under the applicable award. Consequently, the court approved the enterprise agreement, thereby making it a legally binding contract between the employer and the employees.

The final orders of the Fair Work Commission approved the Unitywater Water Industry Field/Outdoor Employees (Mechanical & Electrical, Operations Support and Other Trades) Enterprise Agreement No. 1, effective from the date of the decision. This approval signifies that the agreement is now a legally enforceable contract between Unitywater and its field and outdoor employees, governing their terms and conditions of employment as per the approved terms.

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