DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suez Water Pty Ltd T/A Suez Water
(AG2018/6507)

SUEZ PROSPECT WATER FILTRATION PLANT AGREEMENT ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 APRIL 2019

Application for approval of the SUEZ Prospect Water Filtration Plant Agreement Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Prospect Water Filtration Plant Agreement Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Suez Water Pty Ltd T/A Suez Water. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Services Union NSW & ACT (Services) Branch 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 17 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Water Pty Ltd, trading as Suez Water, brought an application before the Fair Work Commission seeking approval of the SUEZ Prospect Water Filtration Plant Agreement Enterprise Agreement 2019. The dispute arose from negotiations between the company and its employees represented by the Australian Manufacturing Workers' Union, focusing on the terms and conditions of employment within the enterprise. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary minimum terms as stipulated by the Act, including the provision of modern awards and the resolution of any unfair terms. The Commission had to consider whether the agreement adhered to procedural fairness, ensuring that it was genuinely negotiated and reflected the needs of both parties. Additionally, the Commission examined whether the agreement contained any unfair terms that would render it invalid.

The Commission found that the proposed agreement satisfied the minimum requirements under the Act. The agreement incorporated relevant modern awards and addressed the procedural fairness of the negotiation process, demonstrating that it was genuinely negotiated and met the needs of both parties. The Commission also concluded that there were no unfair terms within the agreement, as it balanced the interests of both Suez Water and the employees. The Commission approved the agreement, recognising it as a bona fide enterprise agreement.

The final orders of the Commission included the approval of the SUEZ Prospect Water Filtration Plant Agreement Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until the next scheduled review. The Commission's decision affirmed the agreement as a valid and legally binding enterprise agreement between Suez Water and its employees.

Suez Water Pty Ltd T/A Suez Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established