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

[2024] FWCA 4085

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

(AG2024/3926)

TASWATER SENIOR EMPLOYEES ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the TasWater Senior Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the TasWater Senior Employees Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Water and Sewerage Corporation Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 1 July 2024 and the Agreement was made on 26 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Community and Public Sector Union (SPSFT), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Association of Professional Engineers, Scientists and Managers, Australia Trading as Professionals Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court involved the Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, seeking approval for the TasWater Senior Employees Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which is responsible for resolving disputes in the workplace and making decisions regarding enterprise agreements. The dispute centred around the terms and conditions of employment for senior employees within TasWater, and whether the proposed agreement complied with the relevant legislative framework.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, whether it was free from prohibited content, and whether the agreement had been fairly negotiated. The Commission also considered whether the agreement was in the best interests of the employees and whether it was likely to promote workplace harmony.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements. It provided for minimum entitlements as mandated by the Fair Work Act, did not contain any prohibited content, and was fairly negotiated. The Commission also concluded that the agreement was in the best interests of the employees and was likely to promote workplace harmony. Therefore, the Commission approved the TasWater Senior Employees Enterprise Agreement 2024.

As a result of the decision, the TasWater Senior Employees Enterprise Agreement 2024 was approved and will come into effect on the date specified within the agreement. The approval ensures that the agreement is legally binding and enforceable, and provides certainty to both TasWater and its senior employees regarding their employment terms and conditions.

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