Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater Summary

[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

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.

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).

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.

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.

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

CaseChat Overview and Summary

The case involved an application by TasWater for the approval of the TasWater Senior Employees Enterprise Agreement 2025. The agreement, which had been negotiated between TasWater and the Tasmanian Trades and Labour Council, sought to regulate the terms and conditions of employment for senior employees within the organisation. The application was made to the Fair Work Commission, an Australian federal statutory body responsible for handling disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, specifically sections that pertain to the substantive terms of employment. These sections require that agreements do not undermine the minimum entitlements provided by the National Employment Standards, and that they provide a fair balance of benefits and obligations for both employers and employees. The Commission also had to consider whether the agreement met the procedural requirements for its approval, including whether it had been negotiated in good faith and whether it had been properly certified by the Australian Council of Trade Unions or the Australian Business Council.

The Commission determined that the proposed agreement was compliant with the Fair Work Act, as it did not undermine the minimum entitlements and provided a fair balance of benefits and obligations. The Commission also found that the agreement had been negotiated in good faith and had been properly certified. Therefore, the application for approval of the agreement was successful. The Commission certified the TasWater Senior Employees Enterprise Agreement 2025, effective from the date of the Commission’s decision.

The Fair Work Commission has approved the TasWater Senior Employees Enterprise Agreement 2025, which will now regulate the terms and conditions of employment for senior employees within TasWater. The agreement will be in effect from the date of the Commission’s decision and will provide a framework for the fair and equitable treatment of senior employees within the organisation.

Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established