Sydney Water Corporation T/A Sydney Water
[2024] FWCA 718
•23 FEBRUARY 2024
| [2024] FWCA 718 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sydney Water Corporation T/A Sydney Water
(AG2023/5204)
SYDNEY WATER ENTERPRISE AGREEMENT 2023
| Water industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 23 FEBRUARY 2024 |
Application for approval of the Sydney Water Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Sydney Water Enterprise Agreement 2023 (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 (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services Union (ASU), The Association of Professional Engineers, Scientists and Managers Australia (APESMA), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ASU, APESMA, CEPU and AMWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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