Sunwater Limited

[2020] FWCA 6692

[2020] FWCA 6692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunwater Limited
(AG2020/3391)

SUNWATER ENTERPRISE AGREEMENT 2018-2022

Water, sewerage and drainage services
COMMISSIONER HUNT	BRISBANE, 11 DECEMBER 2020

Application for approval of the Sunwater Enterprise Agreement 2018-2022.

[1] Sunwater Limited (the Employer) has applied for approval of an enterprise agreement known as the Sunwater Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, the Australian Municipal, Administrative, Clerical and Services Union (Services Union), the Australian Workers’ Union (AWU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Services Union provided submissions to my chambers, to which I have had regard.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. I note that the model consultation term is also taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AMWU, the Association of Professional Engineers, Scientists and Managers, the Services Union, the AWU, the CFMMEU and the CEPU being a bargaining representative 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) of the Act I note that the Agreement covers the AMWU, the Association of Professional Engineers, Scientists and Managers, the Services Union, the AWU, the CFMMEU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509792  PR725368>

Annexure A: