Water Trucks Pty Ltd T/A H2Flow Hire

[2024] FWCA 1655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Water Trucks Pty Ltd T/A H2Flow Hire

(AG2024/955)

APPLICATION FOR APPROVAL OF THE H2FLOW HIRE ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 6 MAY 2024

Application for approval of the H2Flow Hire Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the H2Flow Hire Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Water Trucks Pty Ltd T/A H2Flow Hire. The Agreement is a single enterprise agreement.

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 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2024. The nominal expiry date of the Agreement is 6 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Water Trucks Pty Ltd, trading as H2Flow Hire, applied for the approval of the H2Flow Hire Enterprise Agreement 2023. The dispute involved the terms and conditions of employment of workers within the company, focusing on aspects such as wages, hours of work, and other employment-related matters. The application was heard by the Fair Work Commission.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "contemporary awards" and "safety net" provisions, ensuring that it provided fair and reasonable terms and conditions of employment. Furthermore, the Commission had to assess whether the agreement provided for procedural fairness and met the "better off overall test."

The Commission found that the H2Flow Hire Enterprise Agreement 2023 met the necessary legislative standards. The agreement was deemed to offer fair and reasonable terms and conditions of employment, aligning with contemporary awards and satisfying the safety net provisions. The Commission also concluded that the agreement provided for procedural fairness and met the better off overall test. Consequently, the Commission approved the application for the agreement.

The final orders of the Commission included the approval of the H2Flow Hire Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions. This decision ensures that the employment terms of the workers within Water Trucks Pty Ltd, trading as H2Flow Hire, are governed by the approved agreement, providing clarity and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established