South Australian Water Corporation T/A SA Water

[2022] FWCA 420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Australian Water Corporation T/A SA Water

(AG2022/13)

SA Water Corporation Enterprise Agreement 2021-2024

Water, sewerage and drainage services
COMMISSIONER PLATT	ADELAIDE, 10 FEBRUARY 2022

Application for approval of the SA Water Corporation Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the SA Water Corporation Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by South Australian Water Corporation T/A SA Water (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 February 2022 and was determined on the papers.

The Applicant has submitted an undertaking in the required form dated 9 February 2022. The undertaking states that employees who are employed at Classification Level SAW1.1 and who are entitled to receive the “standard shift allowances” under clause 5.1.9.2 of the Agreement will be paid an allowance of 30% for worked conducted on “a weekday – standard night shift (finishing after 12:00 midnight and at or before 8:00am)”.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Workers’ Union (UWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Community and Public Sector Union (CPSU) and Professionals 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) of the Act I note that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Australian Water Corporation, trading as SA Water, applied to the Fair Work Commission for approval of its Enterprise Agreement 2021-2024. The dispute involved whether the proposed terms and conditions within the agreement were in compliance with relevant industrial legislation. The application was heard by the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the requirements for approval under section 232 of the Fair Work Act. Specifically, the Commission had to determine if the agreement had been fairly negotiated, if it provided for proper minimum rates of pay and conditions, and if it complied with the provisions that govern the making of enterprise agreements. The Commission also considered whether the agreement was in the public interest and whether it provided for appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the proposed enterprise agreement satisfied the necessary criteria for approval. The Commission confirmed that the agreement had been fairly negotiated and contained appropriate minimum rates of pay and conditions for employees. It also determined that the agreement complied with all relevant provisions of the Fair Work Act and was in the public interest. The Commission was satisfied with the dispute resolution mechanisms provided for in the agreement, which included both internal and external options for resolving workplace issues.

The Fair Work Commission approved the South Australian Water Corporation Enterprise Agreement 2021-2024, subject to certain conditions. These conditions included the requirement for the employer to provide the Commission with regular reports on the implementation of the agreement and to notify the Commission of any proposed changes to the agreement. The Commission also directed that any changes to the agreement must be re-negotiated and approved by the Commission in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established