SUEZ Water Pty Ltd

[2025] FWCA 2153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SUEZ Water Pty Ltd

(AG2025/1785)

SUEZ WATER PTY LTD ADELAIDE SERVICE DELIVERY PRODUCTION AND TREATMENT ELECTRICAL TRADES ENTERPRISE AGREEMENT 2024

Water, sewage and drainage services industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JULY 2025

Application for approval of the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Electrical Trades Enterprise Agreement 2024

Introduction

SUEZ Water Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Electrical Trades Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix D to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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

Section 183 Bargaining Representatives

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 AMWU and the CEPU.

Approval

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, SUEZ Water Pty Ltd applied for approval of the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Electrical Trades Enterprise Agreement 2024. The applicant sought the endorsement of the agreement from the Fair Work Commission to ensure its compliance with the relevant legislative framework and its suitability for the employees involved. The legal issues at the heart of the application revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to examine whether the agreement provided for fair and reasonable terms, was made in good faith, and adequately addressed the employment conditions of the relevant employees.

The court meticulously reviewed the provisions of the agreement, taking into account the statutory requirements and precedents established in previous rulings. The applicant presented evidence to demonstrate that the agreement was negotiated in good faith and was fair and reasonable for the employees. The court considered the balance of interests, including the rights of the employees, the operational needs of the company, and the broader implications for the industry. After thorough deliberation, the court concluded that the agreement met all the necessary criteria for approval and did not disadvantage the employees in any significant way.

Having found the agreement to be compliant with the relevant legislative framework, the court granted the application for approval of the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Electrical Trades Enterprise Agreement 2024. The approval ensures that the agreement will be legally binding and enforceable, providing clarity and stability for both the employees and the employer. The court's decision reinforces the importance of adhering to the legislative requirements and the necessity of achieving a fair and reasonable agreement that meets the needs of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established