DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WaterNSW
(AG2021/8536)

WATERNSW ENTERPRISE AGREEMENT 2021

Water, sewerage and draining services
COMMISSIONER MATHESON	SYDNEY,7 DECEMBER 2021

Application for approval of the WaterNSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the WaterNSW Enterprise Agreement 2021 (Agreement). The application was made by WaterNSW (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia; the Australian Municipal, Administrative, Clerical and Services Union; the Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WaterNSW sought approval for the WaterNSW Enterprise Agreement 2021. The application was before the Fair Work Commission (FWC). The applicant argued that the terms of the agreement were appropriate and necessary for the efficient and effective management of the organisation's workforce. The FWC was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The FWC considered the application in light of the principles of the Fair Work Act, particularly the need to promote high levels of productivity, efficiency and flexibility in the workplace. The FWC took into account the submissions of the parties, as well as relevant economic and workforce data. The FWC found that the agreement met the requirements of the Act and approved the application.

The FWC considered that the agreement was appropriate and necessary for the efficient and effective management of the organisation's workforce. The FWC also found that the agreement promoted high levels of productivity, efficiency and flexibility in the workplace. The FWC approved the application and the WaterNSW Enterprise Agreement 2021 was approved.

WaterNSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established