Northern SEQ Distributor Retailer Authority Trading As Unitywater

[2024] FWCA 1971

[2024] FWCA 1971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Northern SEQ Distributor Retailer Authority Trading As Unitywater

(AG2024/1452)

UNITYWATER WATER INDUSTRY FIELD/OUTDOOR EMPLOYEES (OPERATIONS AND MAINTENANCE - NON-TRADE) ENTERPRISE AGREEMENT NO. 3

Water supply and services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 30 MAY 2024

Application for approval of the Unitywater Water Industry Field/Outdoor Employees (Operations and Maintenance - Non-Trade) Enterprise Agreement No. 3

Introduction

1. Northern SEQ Distributor Retailer Authority Trading As Unitywater (the Employer) has made an application for approval of an enterprise agreement known as the Unitywater Water Industry Field/Outdoor Employees (Operations and Maintenance - Non-Trade) Enterprise Agreement No. 3 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Apprentice Rates of Pay

1. Apprentices are referenced at clause 3.4.8 and 3.5.2 of the Agreement in relation to termination, although rates of pay have not been provided. The Employer submits that no apprentices are currently engaged under the terms of the Agreement and there is no intention to engage apprentices during the life of the Agreement.

1. The Employer also noted that if an apprentice were to be engaged, they are aware of their obligations under s. 206 of the Act to pay the Apprentice no less than the relevant minimum rate of pay under the Water Industry Award 2020.

National Employment Standards (NES) precedence term in clause 1.8 of the Agreement

1. Clause 6.2.4 of the Agreement provides for carer’s leave if a member of an employee’s immediate family or member of their household requires care or support if they are sick or due to an unexpected emergency. The clause does not appear to contemplate carer’s leave when a family member is injured under s.97(b) of the Act.

1. Clause 6.2.5 of the Agreement states that where on a day rostered as an RDO a team member is ill or injured or caring for a family member as described in clause 6.2.4, the team member will be regarded as absent from work due to the RDO entitlement and the team member’s Personal/Carer’s Leave entitlement will not be paid or reduced as a result of the sickness or injury on that day.

1. Clause 6.2.8 of the Agreement provides that unpaid carer’s leave can be taken up to 2 days (a maximum of 16 hours) per occasion. As employees can work up to 10 ordinary hours per day, their entitlement may be less than that provided by s.102 of the Act which expresses unpaid carer’s leave in days rather than hours.

1. Clause 6.7.5 of the Agreement states ‘Unitywater and a team member may agree to substitute a public holiday for an Annual Leave day.’ In their submissions, the Employer clarified that the annual leave day is not deducted from an employee’s current annual leave balance; it is instead banked as an additional day to their balance.

1. These clauses may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 1.8 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the AWU.
   Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2024. The nominal expiry date of the Agreement is 30 May 2028.

DEPUTY PRESIDENT

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