SunWater Limited

[2013] FWCA 3045

FAIR WORK COMMISSION

DECISION

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

SunWater Limited
(AG2013/1016)

SUNWATER ENTERPRISE AGREEMENT 2013-2015

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 14 MAY 2013

Application for approval of the SunWater Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the SunWater Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SunWater Limited.

[2] 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.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Australian Municipal, Administrative, Clerical and Services Union

● The Association of Professional Engineers, Scientists and Managers, Australia

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

● Construction, Forestry, Mining and Energy Union

● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and

● The Australian Workers’ Union of Employees, Queensland.

In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SunWater Limited applied to the Fair Work Commission for approval of an enterprise agreement. The application was contested by the Australian Manufacturing Workers Union (AMWU). The dispute centred on the terms and conditions of employment under the proposed SunWater Enterprise Agreement 2013-2015, particularly concerning the hours of work, pay rates, and redundancy provisions. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether the agreement was genuinely a bargain between the employer and the employees and if it met the "better off overall test" for the employees.

The Commission examined the evidence presented by both parties, including the bargaining process, the fairness of the agreement, and the impact on the employees. It considered the submissions made by the AMWU regarding the adequacy of the redundancy provisions and the impact on employee job security. The Commission also assessed whether the agreement provided for a proper balance of rights and obligations between the employer and the employees. After weighing the arguments and evidence, the Commission found that the agreement was genuinely a bargain between the parties and that it met the better off overall test for the employees.

The Fair Work Commission approved the SunWater Enterprise Agreement 2013-2015, stating that it was satisfied that the agreement provided for a fair and reasonable outcome for the employees. The Commission noted that the agreement included provisions for fair pay rates, reasonable working hours, and adequate redundancy provisions. The Commission concluded that the agreement was in the best interests of the employees and was an appropriate agreement for the workplace. The AMWU's objections were dismissed, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established