DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Water Corporation T/A Sydney Water
(AG2017/2572)

SYDNEY WATER ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Sydney Water Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Enterprise Agreement 2017 (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 T/A Sydney Water. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement contained typographical errors at clause 2, clause 19.1.1(b) and clause 28.11. Pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Municipal, Administrative, Clerical and Services 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[7] The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sydney Water Corporation trading as Sydney Water, sought approval of the Sydney Water Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred on whether the proposed terms and conditions of employment in the agreement were fair and reasonable. The Fair Work Commission was tasked with determining the application.

The central legal issues before the Commission were whether the agreement contained terms that were fair and reasonable for the employees, and whether the agreement complied with the relevant legislative framework. The Commission had to consider the fairness and reasonableness of the proposed terms, including pay rates, working conditions, and other employment-related provisions. Additionally, the Commission assessed whether the agreement adhered to the requirements of the Fair Work Act 2009.

In reaching its decision, the Fair Work Commission examined the submissions from both Sydney Water and the relevant unions. The Commission found that the proposed agreement contained terms and conditions that were fair and reasonable for the employees. It was satisfied that the agreement provided for equitable remuneration, reasonable working hours, and other provisions that met the statutory requirements. The Commission also confirmed that the agreement complied with the Fair Work Act and did not contravene any relevant provisions.

The Fair Work Commission approved the Sydney Water Enterprise Agreement 2017, finding it to be fair and reasonable. The agreement was accepted as meeting the necessary legislative standards and was endorsed for implementation. The Commission's decision provided clarity and certainty for both Sydney Water and its employees, ensuring that the terms of employment were balanced and lawful.

Sydney Water Corporation T/A Sydney Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established