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

[2024] FWCA 4083

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

(AG2024/3916)

TASWATER GENERAL EMPLOYEES (SOUTHERN REGION) ENTERPRISE AGREEMENT 2024

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

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

An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Southern 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 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 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 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 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 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

In the case of Tasmanian Water and Sewerage Corporation Pty Ltd T/A TasWater, the Fair Work Commission was asked to approve an enterprise agreement between the employer and its employees. The dispute centred on the terms and conditions outlined in the TasWater General Employees (Southern Region) Enterprise Agreement 2024. The employees, represented by their union, sought approval for the agreement, while the employer argued against certain provisions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the TasWater General Employees (Southern Region) Enterprise Agreement 2024 complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum entitlements, included appropriate dispute resolution mechanisms, and did not contravene any provisions of the Act. The employer contested certain aspects of the agreement, arguing they were unfair or did not meet the statutory requirements. The Commission needed to weigh these arguments against the employees' assertions that the agreement was fair and met all legal standards.

The Commission carefully examined the agreement and the submissions from both parties. It determined that the agreement largely complied with the Fair Work Act 2009. The Commission found that the agreement provided for minimum entitlements and contained appropriate dispute resolution processes. While some concerns were raised by the employer, the Commission concluded that these did not sufficiently undermine the fairness or legality of the agreement. The Commission approved the TasWater General Employees (Southern Region) Enterprise Agreement 2024, subject to the minor conditions it imposed to address the employer's concerns.

The Commission's final orders included the approval of the TasWater General Employees (Southern Region) Enterprise Agreement 2024, with minor amendments to address specific issues raised by the employer. The agreement was to be in effect from the date of the Commission's decision, and both parties were directed to implement the terms as approved. The Commission's decision provided clarity and resolution to the dispute, ensuring that the agreement met all legal requirements while addressing the legitimate concerns of both parties.

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