South East Water Corporation

[2022] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South East Water Corporation

(AG2022/565)

South East Water Employees’ Enterprise Agreement 2022

Water, sewerage and drainage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 MARCH 2022

Application for approval of the South East Water Employees’ Enterprise Agreement 2022

South East Water Corporation (the Employer) has made an application for approval of an enterprise agreement known as the South East Water Employees’ Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Form F16 nominated Patricia Wilson and Rachel Sheppard as employee bargaining representatives for the Agreement. Patricia Wilson and Rachel Sheppard have each lodged a Form F18A statutory declaration in support of the approval of the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 31 March 2022 and, in accordance with s 54, will operate from 7 April 2022. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved South East Water Corporation, which sought approval for the 2022 Enterprise Agreement with its employees. The application was brought before the Fair Work Commission. The dispute centred on the terms of the proposed agreement, including provisions on wages, working conditions, and other employment-related matters, and whether these were in line with relevant industrial laws and fair work principles.

The Commission was required to determine whether the agreement complied with the Fair Work Act 2009, particularly focusing on whether the agreement facilitated, promoted, or improved the terms and conditions of employment. The court also needed to ensure that the agreement was free from any unfair content, was made in good faith, and did not undermine the rights of employees under the Fair Work Act.

After careful consideration of the submissions and evidence presented, the Commission found that the agreement was largely compliant with the requirements of the Fair Work Act. The terms of the agreement were deemed to be fair and reasonable, promoting the terms and conditions of employment without unfairly disadvantaging any party. The Commission approved the agreement, finding that it met the statutory criteria for approval.

No further orders were required as the approval of the agreement concluded the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established