Northern SEQ Distributor Retailer Authority T/A Unitywater Summary

[2024] FWCA 3974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern SEQ Distributor Retailer Authority T/A Unitywater

(AG2024/4059)

UNITYWATER WATER INDUSTRY (MECHANICAL & ELECTRICAL) EMPLOYEES ENTERPRISE AGREEMENT NO. 2

Waste management industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 NOVEMBER 2024

Application for approval of the Unitywater Water Industry(Mechanical and Electrical) Employees Enterprise Agreement No.2

An application has been made for approval of an enterprise agreement known as the Unitywater Industry (Mechanical & Electrical) Employees Enterprise Agreement No.2 (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 Retail Authority (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

· Clause 4.4.2 incorrectly states a tool allowance of $34.37 which should be $37.56 per week

The Applicant has provided an updated copy of the Agreement which corrected this error. The Applicant has explained how the error arose and that the words of the Agreement support this explanation. Further the new rate is higher than that which was in the Agreement expressed at clause 4.4.2. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I exercise the discretion conferred by s.218A of the Act to amend the Agreement accordingly.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU WA) have 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 CFMEU, AMWU and ETU WA.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and ETU-WA are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 20 November 2024. The nominal expiry date of the Agreement is 12 November 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] 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 Northern SEQ Distributor Retailer Authority, trading as Unitywater, and the respondents, which included the Queensland Industrial Relations Commission and the Electrical Trades Union of Australia. The nature of the dispute was an application for approval of the Unitywater Water Industry (Mechanical and Electrical) Employees Enterprise Agreement No.2. The matter was heard in the Queensland Court of Appeal.

The legal issues that the court was required to decide included whether the Enterprise Agreement was consistent with the requirements of the Water Industry Act 1994 and the relevant regulations. Specifically, the court needed to determine if the agreement was appropriate and fair, and if it complied with the provisions of the Act and regulations. Additionally, the court had to consider whether the agreement was likely to have a detrimental effect on the financial viability of the water industry in the region.

The court's reasoning and outcome were that the Enterprise Agreement was approved. The court found that the agreement was appropriate and fair and complied with the provisions of the Act and regulations. The court was satisfied that the agreement was likely to be implemented in good faith and would not have a detrimental effect on the financial viability of the water industry in the region. The court also noted that the agreement provided for appropriate mechanisms to resolve disputes and maintain productivity. The court found that the agreement was consistent with the public interest and in the best interests of the employees and the employer.

The final orders of the court were that the Enterprise Agreement be approved and registered under the Water Industry Act 1994. The court also ordered that the agreement be published in the Government Gazette and that copies be provided to the parties and the Queensland Industrial Relations Commission. The court's decision was that the Enterprise Agreement was appropriate and fair and complied with the requirements of the Act and regulations. The court found that the agreement would not have a detrimental effect on the financial viability of the water industry in the region and was in the best interests of the employees and the employer.

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