DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Australian Water Corporation
(AG2018/995)

SA WATER CORPORATION ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JULY 2018

Application for approval of the SA Water Corporation Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SA Water Corporation Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Australian Water Corporation. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Voice and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The South Australian Water Corporation applied to the Fair Work Commission for approval of its 2018 Enterprise Agreement. The matter was heard by Commissioner Smith. The key issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for employees and did not discriminate against any class of employees.

The court considered various submissions from the parties, including the arguments that the agreement did not adequately protect employees' rights and that certain provisions were discriminatory. The court found that while there were some concerns regarding the agreement's provisions, these did not outweigh the overall benefits of the agreement for both employees and the corporation. The court concluded that the agreement provided for fair and reasonable terms and conditions and did not discriminate against any class of employees.

Accordingly, the court approved the proposed agreement. The court emphasised the importance of ensuring that employees' rights were adequately protected in any future negotiations and agreements. The court's decision was a significant step forward in ensuring that employees of the South Australian Water Corporation had access to fair and reasonable terms and conditions of employment.

South Australian Water Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established