DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degremont Pty Ltd T/A Suez Environment - Water & Treatment Solutions
(AG2015/5012)

VICTORIAN DESALINATION PLANT OPERATION & MAINTENANCE (AWU, CEPU & AMWU) AGREEMENT, 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Victorian Desalination Plant Operation & Maintenance (AWU, CEPU & AMWU) Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Desalination Plant Operation & Maintenance (AWU, CEPU & AMWU) Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degremont Pty Ltd T/A Suez Environment - Water & Treatment Solutions. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Degremont Pty Ltd T/A Suez Environment - Water & Treatment Solutions applied to the Fair Work Commission for approval of the Victorian Desalination Plant Operation & Maintenance (AWU, CEPU & AMWU) Agreement, 2015. The Australian Manufacturing Workers' Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Workers' Union opposed the application. The applicants sought approval of the agreement under section 233 of the Fair Work Act 2009 on the basis that it promoted harmonious, productive and cooperative workplace relationships. The unions opposed the application on the basis that the agreement did not promote such relationships, and that it failed to provide for matters in a fair and flexible manner.

The Fair Work Commission was required to determine whether the agreement promoted harmonious, productive and cooperative workplace relationships and provided for matters in a fair and flexible manner. The Commission found that the agreement promoted harmonious, productive and cooperative workplace relationships. The Commission also found that the agreement provided for matters in a fair and flexible manner. The Commission noted that the agreement contained provisions for a dispute resolution procedure which allowed for early conciliation and for the parties to be represented at a meeting to discuss the dispute. The Commission found that this was a fair and flexible approach to the resolution of disputes.

Accordingly, the Fair Work Commission approved the agreement under section 233 of the Fair Work Act 2009. The Commission certified the agreement as a single useful agreement for the purposes of the Act. The Commission also ordered that the agreement be registered by the Registrar of the Fair Work Commission.

Degremont Pty Ltd T/A Suez Environment - Water & Treatment Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established