Sydney Water Corporation T/A Sydney Water Summary

[2013] FWCA 3609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Water Corporation T/A Sydney Water
(AG2013/1267)

SYDNEY WATER TRADES AND APPRENTICES ENTERPRISE AGREEMENT 2013

Water, sewerage and drainage services
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 JUNE 2013

Application for approval of the Sydney Water Trades and Apprentices Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Trades and Apprentices Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Services Union of N.S.W., being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sydney Water Corporation, trading as Sydney Water, sought approval of the Sydney Water Trades and Apprentices Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred on the procedural fairness and the merits of the proposed agreement, with various unions and employee representatives objecting to specific provisions.

The court was tasked with determining whether the process by which the agreement was negotiated and submitted was fair and if the agreement itself met the statutory requirements under the Fair Work Act 2009. Key issues included the adequacy of the consultation process, the fairness of the proposed terms, and whether the agreement appropriately balanced the interests of employees and the employer.

In examining the evidence, the commission found that the negotiation process was conducted in a manner that was procedurally fair. The employer had engaged in good faith negotiations, providing adequate information and opportunities for feedback. The commission also concluded that the terms of the agreement were fair and reasonable, taking into account the economic and operational context of Sydney Water. The commission noted that the agreement provided for appropriate protections and benefits for employees while also ensuring the viability of the employer.

The Fair Work Commission approved the Sydney Water Trades and Apprentices Enterprise Agreement 2013, finding it to be fair and reasonable. The decision was based on the procedural fairness of the negotiation process and the merits of the agreement's terms.

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