DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SunWater Limited T/A SunWater
(AG2015/6073)

SUNWATER ENTERPRISE AGREEMENT 2015-2018

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the SunWater Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the SunWater Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SunWater Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Association of Professional Engineers, Scientists and Managers, Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union being bargaining representatives 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are SunWater Limited, trading as SunWater, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose regarding the approval of the SunWater Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for the efficient, productive and flexible operation of SunWater and ensured appropriate employee protection and participation.

The Commission considered the application for approval of the agreement. The Commission found that the agreement provided for the efficient, productive and flexible operation of SunWater. It also ensured appropriate employee protection and participation, with provisions for a fair and equitable workplace. The Commission noted that the agreement included provisions for dispute resolution, equal opportunity, and workplace health and safety, all of which met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement would not have an adverse effect on the operation of SunWater or the ability to achieve its business objectives.

Accordingly, the Commission approved the SunWater Enterprise Agreement 2015-2018. The approval ensures that the agreement is legally binding on both SunWater and the CFMEU, and it provides a framework for the employment relationship between the parties for the specified period. The agreement now operates as a registered agreement, and any disputes under it can be resolved through the processes outlined in the Fair Work Act 2009.

SunWater Limited T/A SunWater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established