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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Water Pty Ltd and Ventia Utility Services Pty Ltd T/A Watersure applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian Workers' Union. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was in the best interests of the employees, whether it provided for the appropriate bargaining representatives, and whether it contained the necessary bargaining obligations.

The Commission found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement provided for the appropriate bargaining representatives, as it was entered into by the employers and the relevant unions. Finally, the Commission found that the agreement contained the necessary bargaining obligations, as it included provisions for good faith bargaining and dispute resolution.

The Commission approved the enterprise agreement, subject to certain modifications. The modifications included changes to the dispute resolution provisions and the addition of a clause prohibiting the use of labour hire workers. The employers and unions were given 28 days to make the necessary changes to the agreement.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications. The modifications included changes to the dispute resolution provisions and the addition of a clause prohibiting the use of labour hire workers. The employers and unions were given 28 days to make the necessary changes to the agreement. Once the modifications were made, the agreement was to be registered with the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established