Veolia Water Network Services Pty Ltd Summary

[2014] FWCA 8421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Network Services Pty Ltd
(AG2014/9880)

VEOLIA WATER NETWORK SERVICES PTY LTD (VICTORIA) AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Veolia Water Network Services Pty Ltd (Victoria) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Network Services Pty Ltd (Victoria) Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Veolia Water Network Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of The Australian Workers’ Union (AWU) with respect to these undertakings and the AWU supports the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 5 December 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Veolia Water Network Services Pty Ltd sought approval for a workplace agreement that was intended to govern the terms and conditions of employment for its employees in Victoria between 2013 and 2016. The application was brought before the Fair Work Commission, which was required to determine whether the proposed agreement was in the best interests of the employees it sought to cover. The nature of the dispute centred on the fairness and efficacy of the proposed agreement, with various stakeholders expressing their views on whether the agreement appropriately balanced the interests of the employer and the employees.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was genuinely negotiated between the parties, whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees it sought to cover. The Commission also had to consider the submissions made by the various stakeholders, including the employees' representative, the employer, and other interested parties.

The Fair Work Commission found that the proposed agreement was generally fair and reasonable, and met the statutory requirements for approval. The Commission noted that the agreement provided for a number of benefits to employees, including increased wages and improved working conditions. The Commission also found that the agreement had been genuinely negotiated between the parties, and that it was in the best interests of the employees it sought to cover. The Commission rejected the arguments put forward by the employees' representative, who had argued that the agreement did not provide for adequate protections for employees. The Commission concluded that the proposed agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the proposed agreement, subject to certain modifications to address the concerns raised by the Commission during the hearing. The modifications related to provisions concerning redundancy and termination of employment, and were intended to provide greater protections for employees in these areas. The Commission also made orders regarding the implementation of the agreement, including the requirement that the employer provide certain information to employees and that the agreement be displayed in a prominent location in the workplace. Overall, the Commission was satisfied that the proposed agreement was fair and reasonable, and met the statutory requirements for approval.

Veolia Water Network Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established