DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Water NSW
(AG2018/6853)

WATERNSW ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT CROSS	SYDNEY, 27 FEBRUARY 2019

Application for approval of the WaterNSW Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the WaterNSW Enterprise Agreement 2018 (‘the Agreement’). The application was made by WaterNSW (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’ and ‘Annexure B.’ I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union, the Professional Engineers, Scientists and Managers Australia, and the Australian Services Union NSW & ACT (Services) Branch, have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Water NSW for the approval of the WaterNSW Enterprise Agreement 2018. The dispute centred on the terms of the proposed agreement, which the Commission was required to assess for compliance with the Fair Work Act 2009. Water NSW sought the Commission's approval of the agreement, which had been negotiated between the employer and the relevant union. The Commission's role was to determine whether the agreement met the statutory criteria for approval, including compliance with the "better-off-overall test" and other relevant provisions of the Fair Work Act.

The central legal issues before the Commission were whether the terms of the proposed agreement met the statutory requirements for approval, particularly whether employees would be better off overall under the new agreement. The Commission examined the agreement's provisions, including wages, working conditions, and other terms, to determine if they provided a net benefit to employees. Additionally, the Commission considered whether the agreement complied with any relevant award or registered agreement and whether it adhered to the general protections provisions of the Fair Work Act.

After thorough consideration, the Commission found that the WaterNSW Enterprise Agreement 2018 met the statutory criteria for approval. The Commission concluded that the agreement provided a net benefit to employees, satisfying the better-off-overall test. Furthermore, the Commission determined that the agreement was consistent with the general protections provisions of the Fair Work Act and did not contravene any relevant awards or registered agreements. The Commission's decision was based on detailed analysis of the agreement's terms and the evidence presented by both parties.

The Fair Work Commission approved the WaterNSW Enterprise Agreement 2018, effective from the date specified in the agreement. The approval ensures that the terms of the agreement will govern the employment conditions of the relevant employees, provided they comply with the Fair Work Act and other relevant industrial instruments.

Water NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established