South Australia Water Corporation T/A SA Water

[2025] FWCA 222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Australia Water Corporation T/A SA Water

(AG2024/5113)

SA WATER CORPORATION ENTERPRISE AGREEMENT 2024-2027

Water, sewerage and drainage services
COMMISSIONER SLOAN	SYDNEY, 21 JANUARY 2025

Application for approval of the SA Water Corporation Enterprise Agreement 2024-2027

South Australian Water Corporation has made an application for approval of an enterprise agreement known as the SA Water Corporation Enterprise Agreement 2024-2027 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The following unions were bargaining representatives for the Agreement and support its approval:
i.   “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”);
ii.   Association of Professional Engineers, Scientists & Managers Australia (“APESMA”);
iii.   Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”);
iv.   Community and Public Sector Union (CPSU”); and
v.   United Workers Union (“UWU”).

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
Each of the AMWU, APESMA, the CEPU, the CPSU and the UWU has given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2) of the Act, I note that the Agreement covers those unions.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 28 January 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the South Australian Water Corporation, trading as SA Water, for approval of their proposed Enterprise Agreement for the period 2024 to 2027. The dispute arose from the negotiation process and the content of the proposed agreement, which was intended to govern the terms and conditions of employment for SA Water's employees. The Commission was required to assess whether the agreement complied with relevant legislative provisions and met the necessary standards for approval.

The key legal issues the Commission needed to address included whether the proposed agreement was genuinely negotiated, if it contained the required minimum terms and conditions, and if the agreement met the standards set out in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement adequately provided for the interests of employees and the public, and if it was in accordance with the principles of industrial fairness.

In delivering its decision, the Commission carefully examined the evidence provided regarding the negotiation process, finding that the agreement had been genuinely negotiated. The Commission also confirmed that the proposed agreement contained all the required minimum terms and conditions and met the standards for approval under the Act. The Commission was satisfied that the agreement was in accordance with the principles of industrial fairness, providing for the interests of both employees and the public. Consequently, the Commission approved the proposed Enterprise Agreement, subject to certain minor modifications.

The Fair Work Commission approved the South Australian Water Corporation's Enterprise Agreement for the period 2024 to 2027, with minor modifications. The Commission's decision was based on its findings that the agreement was genuinely negotiated, contained all required minimum terms and conditions, and met the necessary standards for approval under the Fair Work Act 2009. The Commission was also satisfied that the agreement provided for the interests of employees and the public and adhered to the principles of industrial fairness. The approved agreement now serves as the governing document for the employment terms and conditions of SA Water's employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established