DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Water Corporation T/A Sydney Water
(AG2015/825)

SYDNEY WATER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
VICE PRESIDENT CATANZARITI	BRISBANE, 5 MAY 2015

Application for approval of the Sydney Water Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Enterprise Agreement 2015 (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] 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 and The Association of Professional Engineers, Scientists and Managers, Australia, 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 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

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 2015. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the Sydney Water enterprise. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it facilitated the improvement of productivity, the sustainability of the enterprise, or the efficiency of the workplace relations system.

The primary legal issue was whether the agreement provided for the compulsory resolution of disputes, as required by section 232(1)(a) of the Fair Work Act 2009. Additionally, the court had to assess if the agreement facilitated the improvement of productivity, the sustainability of the enterprise, or the efficiency of the workplace relations system as stipulated by section 232(1)(b) of the Act. The court also considered whether the agreement was in the best interests of the employees and if it adhered to the good faith bargaining principle.

The Fair Work Commission found that the agreement did not provide for the compulsory resolution of all disputes. However, it did facilitate the improvement of productivity, the sustainability of the enterprise, and the efficiency of the workplace relations system. The Commission held that while the agreement did not meet the compulsory dispute resolution requirement, its benefits outweighed this shortfall. Consequently, the Commission approved the Sydney Water Enterprise Agreement 2015 under section 232(2) of the Fair Work Act 2009. The decision was based on the overall benefits of the agreement to the enterprise and its employees.

In conclusion, the Fair Work Commission approved the Sydney Water Enterprise Agreement 2015, recognising its benefits in terms of productivity, sustainability, and workplace relations efficiency, despite the absence of compulsory dispute resolution provisions. The Commission's decision underscores the importance of considering the broader impact of enterprise agreements on the enterprise and its employees.

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