Application for approval of the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance - Mechanical Trades Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the SUEZ Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance - Mechanical Trades Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suez Water Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a Delegates' Rights Term, as required by s 205A(1) of the Act. Pursuant to s.205A(2), the Workplace Delegates' Rights term in Clause 27A of the Water Industry Award 2020 is taken to be a term of the Agreement.

[6] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 13 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

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