Tasmanian Water And Sewerage Corporation Pty Ltd T/A TasWater

[2024] FWCA 4079

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

(AG2024/3913)

TASWATER GENERAL EMPLOYEES (NORTH WESTERN REGION) ENTERPRISE AGREEMENT 2024

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

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

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

CaseChat Overview and Summary

In the matter of the Tasmanian Water and Sewerage Corporation Pty Ltd trading as TasWater, the Fair Work Commission was called upon to approve an enterprise agreement for the General Employees in the North Western Region. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which was intended to govern the employment of staff within the specified region. The Fair Work Commission, as the relevant tribunal, was tasked with assessing the agreement for compliance with the relevant legislative framework and ensuring it met the criteria for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of its fairness and reasonableness for the employees covered by the agreement. The Commission had to consider various factors, including whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for genuine bargaining between the parties, and whether it adhered to any relevant awards or other industrial instruments. Furthermore, the Commission was required to ensure that the agreement did not adversely affect the safety of the public or the ability of TasWater to provide essential services.

In delivering its decision, the Commission carefully examined the contents of the proposed agreement, taking into account the submissions from both TasWater and the relevant employee representatives. The Commission noted that the agreement included provisions for wages, leave entitlements, and other employment conditions that were considered fair and reasonable. The Commission was satisfied that the agreement had been genuinely negotiated and that it did not undermine the public safety or the operational capacity of TasWater. Consequently, the Commission approved the TasWater General Employees (North Western Region) Enterprise Agreement 2024, determining that it met the necessary legal standards and could be applied to the relevant employees.

The Fair Work Commission ordered that the TasWater General Employees (North Western Region) Enterprise Agreement 2024 be approved and implemented as of the date specified in the agreement. The Commission's decision was made under the authority granted by the Fair Work Act 2009 and was communicated to the parties involved. This ruling ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees within the North Western Region, providing a framework for their employment with TasWater.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established