SUEZ Water Pty Ltd

[2025] FWCA 2154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

SUEZ Water Pty Ltd

(AG2025/1792)

SUEZ WATER PTY LTD ADELAIDE SERVICE DELIVERY PRODUCTION AND TREATMENT - OPERATORS 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 - Operators 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 - Operators Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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 United Workers Union (UWU) 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 UWU 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 the Fair Work Commission, SUEZ Water Pty Ltd applied for approval of the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment - Operators Enterprise Agreement 2024. The dispute arose because the applicant sought to alter the terms of employment for its employees, who were part of the Adelaide Service Delivery Production and Treatment - Operators workforce, in a manner that required Fair Work Commission approval. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with assessing whether the proposed agreement met the necessary criteria for approval.

The central legal issues before the Commission involved whether the agreement complied with the requirements set out in the Fair Work Act, particularly in relation to provisions addressing wages, conditions of employment, and the rights of employees. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including whether the proposed changes to wages and conditions were justifiable and in line with the principles of fairness and reasonableness.

After reviewing the application and the evidence presented by both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the changes to wages and conditions were fair and reasonable, taking into account the need for flexibility in the workforce and the specific circumstances of the Adelaide Service Delivery Production and Treatment - Operators workforce. The Commission also noted the absence of any adverse impact on the employees' overall conditions of employment. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment - Operators Enterprise Agreement 2024, recognising it as meeting the necessary criteria for approval under the Fair Work Act. The Commission's decision confirmed that the agreement was fair and reasonable and provided for the terms and conditions of employment in a manner consistent with the principles of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established