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[2022] FWCA 3606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WaterNSW

(AG2022/3984)

WATERNSW ENTERPRISE AGREEMENT 2022

Water, sewerage and drainage services
COMMISSIONER P RYAN	SYDNEY, 17 OCTOBER 2022

Application for approval of the WaterNSW Enterprise Agreement 2022

WaterNSW (Employer) has made an application for approval of an enterprise agreement known as the WaterNSW Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representatives

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian, Municipal, Administrative, Clerical and Services Union (ASU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Community and Public Sector Union (CPSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the APESMA, the ASU, the AWU, the CEPU and the CSPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the WaterNSW Enterprise Agreement 2022. The applicant, WaterNSW, sought the court's approval for the agreement reached between the employer and its employees, as it was necessary to adhere to the provisions of the Public Sector Management Act 1994. The court was required to consider whether the agreement was consistent with the relevant statutory requirements and whether it was in the public interest to approve the agreement.

The primary legal issue before the court was whether the agreement met the statutory criteria outlined in the Public Sector Management Act 1994. Specifically, the court had to determine whether the agreement provided for appropriate terms and conditions of employment, including remuneration, leave, and other benefits, and whether it aligned with the principles of good faith bargaining and public sector efficiency. Additionally, the court needed to assess whether the agreement was in the public interest, considering factors such as its potential impact on the financial sustainability of WaterNSW and the broader public sector.

In delivering its judgment, the court carefully examined the terms of the agreement and considered the evidence provided by both parties. The court found that the agreement met the statutory criteria and was consistent with the principles of good faith bargaining and public sector efficiency. Furthermore, the court determined that the agreement was in the public interest, as it provided for appropriate terms and conditions of employment while also considering the financial sustainability of WaterNSW. Based on these findings, the court approved the WaterNSW Enterprise Agreement 2022.

As a result of the court's approval, the WaterNSW Enterprise Agreement 2022 is now in effect and binding upon the parties. The agreement sets out the terms and conditions of employment for the relevant employees, including provisions for remuneration, leave, and other benefits. The approval of the agreement ensures that WaterNSW can effectively manage its workforce while also maintaining a fair and equitable relationship with its employees.

WaterNSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established