Sacyr Water Australia Pty Ltd

[2024] FWCA 3627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sacyr Water Australia Pty Ltd

(AG2024/3610)

SSWA ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER P RYAN	SYDNEY, 17 OCTOBER 2024

Application for approval of the SSWA Enterprise Agreement 2024

Sacyr Water Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SSWA Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 6.4, 10.4(e), 10.8, 15.10 and 16.3(d) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU, the AWU, and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 October 2024. The nominal expiry date of the Agreement is 17 October 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sacyr Water Australia Pty Ltd applied for approval of the SSWA Enterprise Agreement 2024. The applicants sought to have the agreement, which was reached between the employer and the employees' union, approved under section 233 of the Fair Work Act 2009. The union had negotiated the agreement on behalf of the employees, who were classified as 'operatives', 'tradespersons', 'junior tradespersons', 'supervisors', and 'managers'. The dispute centred around whether the agreement met the requirements for approval and whether it complied with relevant industrial laws.

The key legal issues the Commission had to decide were whether the agreement provided for a fair and reasonable outcome for all parties and whether it complied with the procedural requirements outlined in the Fair Work Act. Additionally, the Commission needed to ensure that the agreement did not contravene any relevant industrial laws and was consistent with the broader objectives of the Act. The Commission also had to consider whether the agreement was negotiated in good faith and whether it provided for fair terms and conditions of employment.

In reaching its decision, the Commission examined the contents of the agreement, the process through which it was negotiated, and the evidence provided by both parties. The Commission determined that the agreement was fair and reasonable and complied with the procedural requirements of the Act. The Commission also found that the agreement did not contravene any relevant industrial laws and was consistent with the broader objectives of the Act. The Commission was satisfied that the agreement was negotiated in good faith and provided for fair terms and conditions of employment. Based on these findings, the Commission approved the SSWA Enterprise Agreement 2024.

The Fair Work Commission approved the SSWA Enterprise Agreement 2024, confirming that the agreement met all necessary legal requirements and provided for a fair and reasonable outcome for all parties. This approval ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable. The decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement can be implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established