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

[2024] FWCA 4081

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

(AG2024/3915)

TASWATER GENERAL EMPLOYEES (NORTHERN REGION) ENTERPRISE AGREEMENT 2024

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

Application for approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Northern Region) 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 21 August 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]

The Employer has provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Community and Public Sector Union (SPSFT) Inc. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Tasmanian 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 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 Automotive, Food, metals, Engineering, Printing and Kindred Industries Union known as the “Australian Manufacturing Workers’ Union (AMWU), 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

Annexure A

[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

The case involves the Tasmanian Water and Sewerage Corporation Pty Ltd, trading as TasWater, which sought approval for the TasWater General Employees (Northern Region) Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative framework and whether it appropriately balanced the interests of the employees and the employer.

The primary legal issue was whether the agreement provided fair terms and conditions of employment for the employees in the northern region, as required by the Fair Work Act 2009. The court had to assess whether the agreement met the 'better off overall test' and whether it adhered to the principles of good faith bargaining. Additionally, the court needed to determine if the agreement was consistent with relevant awards and if it appropriately balanced the interests of both parties.

The Fair Work Commission found that the proposed agreement met the necessary statutory requirements and adequately balanced the interests of the employees and the employer. The agreement provided for fair terms and conditions that were better off overall for the employees, and it was consistent with relevant awards. The commission concluded that the agreement was the product of genuine and good faith bargaining, and thus approved the application for the enterprise agreement. The court's decision was based on a detailed analysis of the terms of the agreement and the evidence presented regarding the bargaining process.

The final orders included the approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees in the northern region. The parties were directed to provide written notice of the approved agreement to all relevant employees and to implement the agreement as required.

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