Sydney Water Corporation T/A Sydney Water Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sydney Water Corporation, trading as Sydney Water, applied to the Fair Work Commission for approval of the Sydney Water Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement provides for, among other things, the fair remuneration of employees. The application was contested by the Australian Council of Trade Unions, which represented a number of employees of Sydney Water. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Act.

The legal issues before the Commission were whether the proposed agreement was a "bargained agreement" within the meaning of the Act, and whether it provided for the fair remuneration of employees. A bargained agreement is one that has been negotiated between an employer and its employees, and the Commission must be satisfied that the agreement was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for the fair remuneration of employees, which includes not only the base rate of pay but also other entitlements such as leave and superannuation.

The Commission found that the proposed agreement was a bargained agreement that had been negotiated in good faith and without coercion. The Commission also found that the agreement provided for the fair remuneration of employees, including appropriate rates of pay, leave entitlements, and superannuation. The Commission noted that the agreement contained a number of provisions that went beyond the minimum entitlements required by the Act, such as provisions for flexible working arrangements and employee development. The Commission was satisfied that the proposed agreement met the legal requirements for approval under the Act.

The Fair Work Commission approved the Sydney Water Enterprise Agreement 2023, subject to certain minor modifications to ensure compliance with the Act. The modifications related to the calculation of certain allowances and the provision of information to employees. The Commission noted that the modifications did not affect the overall fairness of the agreement and that the parties had agreed to the changes. The approval of the agreement was an important step in ensuring that Sydney Water's employees were fairly remunerated and that the company could operate efficiently and effectively.

Sydney Water Corporation T/A Sydney Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established