Sydney Water Corporation

[2013] FWCA 666

FAIR WORK COMMISSION

DECISION

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

Sydney Water Corporation
(AG2012/13157)

SYDNEY WATER ENTERPRISE AGREEMENT 2012

Water, sewerage and drainage services
VICE PRESIDENT WATSON	SYDNEY, 30 JANUARY 2013

Application for approval of the Sydney Water Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Water Corporation.

[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 Municipal, Administrative, Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Association of Professional Engineers, Scientists and Managers, Australia 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)(a), will operate from 6 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Sydney Water Corporation, a major utility provider, and its employees represented by a trade union. The dispute pertained to the approval of the Sydney Water Enterprise Agreement 2012, which aimed to establish terms and conditions of employment for the employees. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, and if it was certified by an independent body as being in the best interests of the employees. Furthermore, the court had to assess if the agreement adhered to the statutory provisions concerning employee protections, particularly in relation to pay and conditions.

The Fair Work Commission found that the Sydney Water Enterprise Agreement 2012 fulfilled all statutory requirements for approval. The agreement was deemed to be fair and reasonable, as it provided for appropriate terms and conditions that were consistent with industry standards. Additionally, the agreement had been certified by an independent body, confirming that it was in the best interests of the employees. The Commission concluded that the agreement adhered to all statutory provisions, ensuring the protection of employees' rights and interests.

The Commission approved the Sydney Water Enterprise Agreement 2012, allowing it to come into effect. This decision provided certainty for both the employees and the employer, ensuring that the terms and conditions of employment were fair and reasonable, and that the statutory protections were upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established