SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd - Adelaide Service Delivery Production And Treatment - [2023] FWCA 2059

[2023] FWCA 2059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd - Adelaide Service Delivery Production And Treatment

(AG2023/2062)

SUEZ WATER PTY LTD ASD EMPLOYEES ENTERPRISE AGREEMENT 2022 – PROFESSIONAL, TECHNICAL, SUPERVISORY AND ADMINISTRATION AGREEMENT

Water, sewerage and drainage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 JULY 2023

Application for approval of the SUEZ Water Pty Ltd ASD Employees Enterprise Agreement 2022 – Professional, Technical, Supervisory and Administration Agreement

SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd - Adelaide Service Delivery Production and Treatment (the Applicant) has made an application for the approval of an enterprise agreement known as the SUEZ Water Pty Ltd ASD Employees Enterprise Agreement 2022 – Professional, Technical, Supervisory and Administration Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union (AMWU) and the Community and Public Sector Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 5 July 2023 and, in accordance with s 54, will operate from 12 July 2023. The nominal expiry date of the Agreement is 1 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SUEZ Water Pty Ltd, trading as SUEZ Water Pty Ltd, which applied for the approval of the SUEZ Water Pty Ltd ASD Employees Enterprise Agreement 2022, a Professional, Technical, Supervisory and Administration Agreement. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately covered the specified employees and whether it complied with the procedural and substantive requirements set out in the Act.

The legal issues before the court included whether the application was appropriately made and whether the agreement satisfied the mandatory conditions for approval. These conditions included ensuring that the agreement covered only the specified employees, that it was in writing, and that it had been subject to a genuine bargaining process. Additionally, the court needed to consider whether the agreement contained all the required minimum terms and conditions as specified in the Act, including provisions on pay, hours of work, and other employment conditions.

In delivering its decision, the Fair Work Commission assessed the application and the agreement against these criteria. The court found that the application was appropriately made and that the agreement was in writing and had been genuinely bargained. It was also determined that the agreement contained all the required minimum terms and conditions, including provisions for pay, hours of work, and other employment conditions. As such, the court concluded that the agreement met all the necessary requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the SUEZ Water Pty Ltd ASD Employees Enterprise Agreement 2022. The court's decision was based on the finding that the agreement satisfied all the legal criteria for approval, including that it was genuinely bargained and contained all the required minimum terms and conditions. This approval effectively formalised the agreement between SUEZ Water Pty Ltd and its specified employees, ensuring that it would govern their employment conditions as intended.

SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd - Adelaide Service Delivery Production And Treatment

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established