Queensland Bulk Water Supply Authority T/A Seqwater Summary

[2024] FWCA 1203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Bulk Water Supply Authority T/A Seqwater

(AG2024/755)

SEQWATER STAFF ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 4 APRIL 2024

Application for approval of the Seqwater Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Seqwater Staff Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Bulk Water Supply Authority T/A Seqwater. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), The Construction, Forestry, Mining and Energy Union (CFMEU), and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA/Professionals Australia), each being a bargaining representative for the Agreement, have each given 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 11 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Seqwater, sought approval for the Seqwater Staff Enterprise Agreement 2023 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the staff of the Queensland Bulk Water Supply Authority, trading as Seqwater. The Commission was required to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including ensuring that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement adequately addressed the interests of both the employer and the employees and whether it met the requirements for procedural fairness.

The Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, balancing the interests of both the employer and the employees. The Commission was satisfied that the agreement complied with the procedural fairness requirements and that it contained all the necessary provisions to be considered a registered agreement. Consequently, the Commission approved the Seqwater Staff Enterprise Agreement 2023.

The Fair Work Commission approved the Seqwater Staff Enterprise Agreement 2023, effective from 1 April 2023, subject to the terms and conditions set out in the agreement. The Commission's decision was based on its determination that the agreement met the legal criteria for approval under the Fair Work Act, including ensuring fair and reasonable terms and conditions of employment and procedural fairness.

Queensland Bulk Water Supply Authority T/A Seqwater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established