Sydney Water Corporation Summary

[2021] FWCA 5894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Water Corporation
(AG2021/6879)

APPLICATION FOR APPROVAL OF THE SYDNEY WATER ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2021

Application for approval of the Sydney Water Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 19 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Sydney Water Corporation applied for the approval of the Sydney Water Enterprise Agreement 2021. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009 for an enterprise agreement. The parties involved were Sydney Water Corporation, representing the employer, and several unions, representing the employees. The unions contested certain provisions of the agreement, arguing they were not fair and reasonable in all respects.

The legal issues before the court included whether the agreement provided for minimum terms and conditions of employment, and whether it ensured fair and reasonable terms for the employees. The unions argued that specific provisions concerning penalty rates and shift loading were not fair. The court had to determine if the agreement complied with the statutory criteria set out in the Fair Work Act, including ensuring it was free from coercion and did not adversely affect employees' ability to exercise their rights under the Fair Work Act.

The court, in its reasoning, examined the provisions of the agreement against the statutory requirements and considered the submissions from both the Sydney Water Corporation and the unions. The court found that the agreement complied with the statutory criteria and was fair and reasonable in all respects. The court acknowledged the unions' concerns but determined that the overall terms of the agreement met the legal standards required for approval. Consequently, the court approved the Sydney Water Enterprise Agreement 2021, finding it to be compliant with the Fair Work Act.

The final orders of the court were that the Sydney Water Enterprise Agreement 2021 be approved as meeting the requirements of the Fair Work Act 2009. This approval ensures that the agreement is legally binding between the Sydney Water Corporation and the employees covered by the agreement, providing certainty and clarity for both parties moving forward.

Sydney Water Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established