Suez Water Pty Ltd and Ventia Utility Services Pty Ltd T/A Watersure

[2019] FWCA 578

[2019] FWCA 578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Water Pty Ltd and Ventia Utility Services Pty Ltd T/A Watersure
(AG2018/4968)

VICTORIAN DESALINATION PLANT OPERATION & MAINTENANCE (AMWU, CEPU & AWU) AGREEMENT, 2018

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2018 (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 and Ventia Utility Services Pty Ltd T/A Watersure. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

● Clause 5.2.2 – Personal/Carer’s Leave – an employee’s entitlement to personal leave is said to accrue on a pro rata basis after each completed four week period instead of progressively as stated in the NES.

However, noting clause 2.7.4 of the Agreement, I am satisfied the more beneficial entitlement of the NES will prevail.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisations.

[6] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A