Tasmanian Water And Sewage Corporation Pty Ltd Trading AS Taswater

[2025] FWCA 3075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Water And Sewage Corporation Pty Ltd Trading AS Taswater

(AG2025/2715)

TASWATER GENERAL EMPLOYEES ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the TasWater General Employees Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the TasWater General Employees Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

I observe that clause 57.2 of the Agreement may be inconsistent with the National Employment Standards (NES), specifically s 115 of the Act. However, noting clause 5(d) of the Agreement, 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 & Services Union (ASU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA), the Community and Public Sector Union (CPSU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers’ Union (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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) of the Act I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 18 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Tasmanian Water and Sewage Corporation Pty Ltd, trading as Taswater, for approval of the TasWater General Employees Enterprise Agreement 2025. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement complied with the legislative requirements and if it met the standards for "authorised" agreements.

The primary legal issues addressed by the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it met the criteria for "authorised" agreements as outlined in the Fair Work Act. This included ensuring that the agreement contained provisions for minimum wages, reasonable working hours, and other employment conditions that align with the statutory minima. Additionally, the Commission needed to consider if the agreement had been fairly negotiated and if the necessary procedural fairness was observed in its making.

In its decision, the Commission carefully examined the proposed agreement, taking into account submissions from Taswater and the relevant union. The Commission noted that the agreement included provisions that adhered to the statutory minima and reflected fair and reasonable terms. The Commission also considered the process by which the agreement was negotiated, finding it to be procedurally fair and in compliance with the requirements of the Act. Based on these findings, the Commission approved the TasWater General Employees Enterprise Agreement 2025, determining it met the criteria for an authorised agreement.

The Commission's final order was that the TasWater General Employees Enterprise Agreement 2025 be approved, effective from the date specified in the agreement. This approval ensures that the agreement will govern the employment conditions of the relevant employees, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established