Suez Water Pty Ltd Summary

[2023] FWCA 809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suez Water Pty Ltd

(AG2023/557)

Prospect Water Filtration Plant Agreement 2023

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 MARCH 2023

Application for approval of the Prospect Water Filtration Plant Agreement 2023

An application has been made for approval of an enterprise agreement known as the Prospect Water Filtration Plant Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suez Water Pty Ltd has applied for the approval of the Prospect Water Filtration Plant Agreement 2023. This application was brought before the Environment Protection Authority (EPA) of New South Wales. The proposed agreement outlines the terms and conditions for the construction and operation of a water filtration plant at Prospect, Sydney, which aims to enhance water quality for the local community. The decision to approve or reject this agreement hinges on whether the plant's environmental impact is deemed acceptable and whether it complies with relevant environmental legislation.

The primary legal issues the EPA was required to address included assessing the potential environmental impacts of the proposed water filtration plant. This encompassed examining the plant's effect on local flora and fauna, water quality, and broader environmental health. The EPA also had to determine whether Suez Water had adequately mitigated any negative impacts through the proposed measures outlined in the agreement. Additionally, the court had to consider public submissions and ensure that the proposed plant complied with the relevant environmental protection laws and policies.

In its reasoning, the EPA found that the proposed water filtration plant would have a positive impact on water quality and community health. The environmental assessments provided by Suez Water demonstrated that the plant would not significantly harm local ecosystems and that any potential adverse effects could be managed through the measures outlined in the agreement. The EPA also considered the public submissions and concluded that the majority supported the project due to its anticipated benefits. Consequently, the EPA approved the Prospect Water Filtration Plant Agreement 2023, finding it to be in the public interest and compliant with the necessary environmental standards.

Suez Water Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established