DECISION

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

Veolia Water Network Services Pty Ltd
(AG2015/1862)

VEOLIA WATER NETWORK SERVICES ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the Veolia Water Network Services Enterprise Agreement (New South Wales) 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Veolia Water Network Services Enterprise Agreement (New South Wales) 2015 - 2017 (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 Network Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Veolia Water Network Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Veolia Water Network Services Enterprise Agreement (New South Wales) 2015 - 2017. The applicant, Veolia Water Network Services, sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The primary concern of the application was to establish fair and reasonable terms of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the proposed agreement met the 'better off overall test' and was free from any provisions that were contrary to public policy or in breach of any legislative requirements. Additionally, the Commission had to determine if the process through which the agreement was negotiated and executed adhered to the necessary standards of good faith and procedural fairness.

The Commission deliberated on the evidence presented, including submissions from the applicant, the Australian Council of Trade Unions, and other stakeholders. The Commission found that the proposed agreement satisfied the 'better off overall test', as the employees would receive enhanced wages and conditions compared to their previous entitlements. The Commission also confirmed that the agreement did not contravene any legislative provisions and that the negotiation process was conducted in good faith. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the Veolia Water Network Services Enterprise Agreement (New South Wales) 2015 - 2017 was approved and will apply to the relevant employees. This outcome ensures that the employees will benefit from the improved terms and conditions stipulated in the agreement.

Veolia Water Network Services 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