DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Australia Pty Ltd T/A Veolia Water Operations Pty Ltd
(AG2021/178)

VEOLIA WATER OPERATIONS PTY LTD HUNTER WATER OPERATIONS AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 FEBRUARY 2021

Application for approval of the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Australia Pty Ltd, trading as Veolia Water Operations Pty Ltd, applied to the court for the approval of the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2021. The agreement outlines the terms under which Veolia will operate and maintain water services in the Hunter region. Hunter Water, a statutory corporation, is the party with whom Veolia has entered into this agreement. The primary dispute revolves around whether the terms of the agreement comply with legislative requirements and whether they are fair and reasonable for both parties and consumers.

The court had to determine if the agreement's terms align with the relevant legislation, specifically focusing on whether they promote effective competition and service delivery. Additionally, the court examined whether the agreement appropriately balances the interests of the corporation, Veolia, and consumers. Key issues included the financial provisions of the agreement, the service levels required, and the penalties for non-performance.

In its reasoning, the court considered various statutory provisions and regulatory guidelines. It found that the agreement's terms were largely compliant with the legislative framework. The court was satisfied that the agreement would ensure effective competition and efficient service delivery, and it deemed the financial and service provisions to be fair and reasonable. The penalties for non-performance were also considered appropriate given the context of the agreement. Consequently, the court approved the agreement, finding it to be in the best interest of all parties involved and the consumers.

The final order of the court was the approval of the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2021, with the terms as outlined in the application. This decision allows Veolia to proceed with the operation and maintenance of water services in the Hunter region under the terms set forth in the agreement.

Veolia Water Australia Pty Ltd T/A Veolia Water Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established