Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

[2025] FWCA 3072

[2025] FWCA 3072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

(AG2025/2716)

TASWATER SENIOR EMPLOYEES ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 SEPTEMBER 2025

Application for approval of the TasWater Senior Employees Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the TasWater Senior 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.

1. I am satisfied that each requirement of ss 186, 187 and 188 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).

1. I observe that clause 50.2 of the Agreement may be inconsistent with the National Employment Standards (NES), specifically s 115 of the Act. However, noting clause 5(c) 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.

1. The Australian Municipal, Administrative, Clerical & Services Union (ASU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Community and Public Sector Union (CPSU) being bargaining representatives for the Agreement support the approval of the Agreement and 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 the organisations. 

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530411  PR791627>