DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sacyr Water Australia Pty Ltd
(AG2021/6210)

SSWA ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JULY 2021

Application for approval of the SSWA Enterprise Agreement 2021.

[1] Sacyr Water Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the SSWA Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[7] The Agreement was approved on 28 July 2021 and, in accordance with s 54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 28 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sacyr Water Australia Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the SSWA Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for workers under the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employees' rights.

The central legal issues before the Commission were whether the agreement had been fairly negotiated and whether it provided adequate protections for employees' wages, conditions, and other entitlements. The Commission had to consider whether the process by which the agreement was negotiated complied with the relevant provisions of the Act, and whether the agreement itself contained terms that were unfair or unreasonable. Additionally, the Commission examined whether the agreement adequately covered essential matters such as wages, hours of work, leave entitlements, and other employment conditions.

In its decision, the Commission found that the agreement had been negotiated in good faith and that the process followed was fair and transparent. The Commission noted that the parties had engaged in a genuine attempt to reach a consensus and that the terms of the agreement reflected a fair balance of interests. The Commission also determined that the agreement provided sufficient protections for employees' rights and did not include any terms that were unfair or unreasonable. Consequently, the Fair Work Commission approved the SSWA Enterprise Agreement 2021, affirming its compliance with the requirements of the Fair Work Act 2009.

The final orders of the Commission included the approval of the SSWA Enterprise Agreement 2021, with the agreement to be registered and in force from the date of the decision. The Commission's approval ensured that the agreement would govern the terms and conditions of employment for the relevant workers, subject to the protections and obligations set out in the Fair Work Act 2009.

Sacyr Water Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established