Tasmanian Water & Sewerage Corporation Pty Ltd T/A TasWater

[2022] FWCA 895

[2022] FWCA 895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Water & Sewerage Corporation Pty Ltd T/A TasWater

(AG2022/453)

TasWater General Employees (Northern Region) Enterprise Agreement 2018

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2022

Application for approval of the TasWater General Employees (Northern Region) Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the TasWater General Employees (Northern Region) Enterprise Agreement 2021 (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 & Sewerage Corporation Pty Ltd T/A TasWater. The Agreement is a single enterprise agreement.

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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The following employee organisations, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

• The Association of Professional Engineers, Scientists and Managers, Australia; apes
• The Australian Municipal, Administrative, Clerical and Services Union;
• The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;
• The Construction, Forestry, Mining and Energy Union;
• The Community and Public Sector Union; and
• The Australian Manufacturing Workers’ Union.

In accordance with s.201(2) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 4 – Definitions.

·   Clause 57.2 – Public Holidays.

However, noting clause 5(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A