Suez Water Pty Ltd

[2025] FWCA 1888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suez Water Pty Ltd

(AG2025/1261)

SUEZ WATER PTY LTD ADELAIDE SERVICE DELIVERY PRODUCTION AND TREATMENT ALLIANCE – MECHANICAL TRADES ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER THORNTON	ADELAIDE, 6 JUNE 2025

Application for approval of the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suez Water Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Pursuant to s.205A(2), the Workplace Delegates’ Rights term in Clause 27A of the Water Industry Award 2020 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 13 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of Suez Water Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of a new enterprise agreement. The applicant, SUEZ Water Pty Ltd, sought to implement the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2024. The agreement aimed to govern the terms and conditions of employment for the mechanical trades employees within the specified region. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the provisions of the Fair Work Act, particularly those related to the process of bargaining and the content of the agreement. Specifically, the Commission needed to determine if the agreement had been fairly and genuinely negotiated, if it contained appropriate provisions for employee representation, and whether it complied with the safety net provisions of the Act. The applicant argued that the agreement was the product of genuine and fair negotiations and adequately met all statutory requirements.

In reaching its decision, the Commission examined the evidence provided by the applicant regarding the negotiation process and the content of the agreement. The Commission found that the applicant had demonstrated that the agreement was genuinely negotiated and contained appropriate provisions for employee representation. Furthermore, the Commission confirmed that the agreement met the safety net provisions of the Act. The Commission concluded that the proposed enterprise agreement met all necessary criteria and was thus approved. This decision ensures that the terms and conditions of employment for the mechanical trades employees in the specified region are governed by the new agreement, subject to the legal framework established by the Fair Work Act.

The Fair Work Commission granted the application for approval of the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2024. The agreement will now govern the employment terms and conditions of the mechanical trades employees within the specified region, effective from the date of approval. The decision provides clarity and certainty for both the employer and employees regarding the terms of their employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established