Veolia Water Network Services Pty Ltd Summary

[2014] FWCA 1345

FAIR WORK COMMISSION

DECISION

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

Veolia Water Network Services Pty Ltd
(AG2014/289)

VEOLIA WATER NETWORK SERVICES PARTNERSHIP AGREEMENT (QUEENSLAND) 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 FEBRUARY 2014

Application for approval of the Veolia Water Network Services Partnership Agreement (Queensland) 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 February 2014 by Veolia Water Network Services Pty Ltd for the approval of a single-enterprise agreement known as the Veolia Water Network Services Partnership Agreement (Queensland) 2014(“the Agreement”).

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

[3] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Network Services Pty Ltd applied to the Queensland Court of Appeal for approval of a partnership agreement that was established to provide water services to the people of Queensland. The dispute arose from the need to determine whether the proposed partnership arrangement complied with the statutory requirements outlined in the Partnership Act 1892 (Qld). The court was tasked with ensuring that the partnership would operate in a manner consistent with the public interest and that it would provide efficient and effective water services to the community.

The primary legal issue before the court was whether the partnership agreement met the statutory requirements for the registration of a partnership under the Partnership Act. This included assessing whether the agreement was in writing, signed by all partners, and whether it contained all the necessary terms required by law. Additionally, the court had to determine if the partnership would operate in a way that was in the public interest and whether it would provide efficient and effective water services to the community.

The court found that the partnership agreement met all the statutory requirements for registration under the Partnership Act. The agreement was in writing and signed by all partners, and it contained all the necessary terms required by law. The court also found that the partnership would operate in a way that was in the public interest and would provide efficient and effective water services to the community. The court approved the partnership agreement, allowing Veolia Water Network Services to proceed with the provision of water services under the terms of the agreement.

The Queensland Court of Appeal approved the Veolia Water Network Services Partnership Agreement (Queensland) 2014, finding that it complied with the statutory requirements for the registration of a partnership under the Partnership Act 1892 (Qld). The court determined that the partnership would operate in a manner consistent with the public interest and would provide efficient and effective water services to the community. The approval of the partnership agreement enabled Veolia Water Network Services to proceed with the provision of water services to the people of Queensland.

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