SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd – ASD P&T Alliance - [2022] FWCA 1964

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved SUEZ Water Pty Ltd, trading as SUEZ Water Pty Ltd – ASD P&T Alliance, which sought approval for the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2021 - 2024. The application was made under section 231 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria, including that they provide for fair and reasonable terms and conditions of employment. The dispute centred on whether the proposed agreement met the legislative requirements and whether it was in the best interests of the employees covered by the agreement.

The legal issues that the Commission was required to decide included whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the procedural requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in accordance with the procedural fairness principles, and whether it provided for terms and conditions that were not less favourable than the applicable award or safety net award. The Commission also needed to determine whether the agreement was in the best interests of the employees, taking into account the views of the employees and the parties involved in the negotiation process.

After considering the evidence and submissions from the parties, the Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for terms and conditions that were fair and reasonable, and that it complied with the procedural requirements of the Act. The Commission also found that the agreement was in the best interests of the employees, based on the views expressed by the employees and the parties involved in the negotiation process. The Commission approved the agreement, subject to certain conditions, including that it be registered with the Fair Work Commission and that it be made available to all employees covered by the agreement.

The final orders of the Commission included the approval of the agreement, subject to the conditions mentioned above. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be made available to all employees covered by the agreement. The Commission further ordered that the agreement be notified to the relevant parties and that it be published on the Fair Work Commission's website. The decision provides guidance to employers and employees on the requirements for negotiating and approving enterprise agreements under the Fair Work Act.

SUEZ Water Pty Ltd T/A SUEZ Water Pty Ltd – ASD P&T Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established