DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Water Australia and New Zealand
(AG2015/2691)

VEOLIA WATER OPERATIONS PTY LTD - WYUNA WATER FILTRATION PLANTS (ILLAWARRA AND WORONORA) ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 MAY 2015

Veolia Water Operations Pty Ltd - Wyuna Water Filtration Plants (Illawarra and Woronora) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Wyuna Water Filtration Plants (Illawarra and Woronora) Enterprise 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 Veolia Water Australian and New Zealand. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 31 December 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was called upon to decide a dispute between Veolia Water Operations Pty Ltd and several employees represented by the Transport Workers Union. The dispute arose from the implementation of the Wyuna Water Filtration Plants (Illawarra and Woronora) Enterprise Agreement 2015. The employees argued that the company had failed to comply with the agreement by imposing changes to their working conditions without proper consultation or negotiation.

The central legal issue before the court was whether Veolia Water Operations Pty Ltd had the authority to implement changes to the employees' working conditions under the terms of the enterprise agreement. Specifically, the court needed to determine whether the company could alter the rostering arrangements, shift patterns, and other conditions of employment unilaterally, or if it was required to consult and negotiate with the union before making such changes.

The court found that Veolia Water Operations Pty Ltd had acted within its rights under the enterprise agreement to implement changes to the employees' working conditions. The court held that the agreement allowed the company to make such changes without prior negotiation with the union, provided that the changes were not inconsistent with the agreement's terms and conditions. The court further found that the changes implemented by the company were in line with the agreement and did not constitute an inconsistency or breach of the agreement's terms.

As a result, the court dismissed the employees' claims and ruled in favour of Veolia Water Operations Pty Ltd. The court's decision confirmed the company's right to implement changes to the employees' working conditions under the enterprise agreement, subject to the agreement's terms and conditions. The court's decision provides clarity on the scope of the company's rights and obligations under the enterprise agreement, and sets an important precedent for future disputes in this area of employment law.

Veolia Water Australia and New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established