SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd – ASD P&T Alliance
[2022] FWCA 1964
•16 JUNE 2022
| [2022] FWCA 1964 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd – ASD P&T Alliance
(AG2022/1717)
SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance - Mechanical Trades Enterprise Agreement 2021 - 2024
| Manufacturing and associated industries | |
| COMMISSIONER PLATT | ADELAIDE, 16 JUNE 2022 |
Application for approval of the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2021 - 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 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd – ASD P&T Alliance (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 7 June 2022.
On 9 June 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
The Applicant has submitted an undertaking in the required form dated 15 June 2022. The undertaking given by the Applicant is that the company will not employ any employees under a shift work arrangement for the life of the Agreement.
A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 September 2024.
COMMISSIONER
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