Veolia Water Operations

[2019] FWCA 5539

[2019] FWCA 5539

FAIR WORK COMMISSION

DECISION

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

Veolia Water Operations
(AG2019/2501)

VEOLIA WATER OPERATIONS PTY LTD WYUNA WATER FILTRATION PLANTS (ILLAWARRA AND WORONORA) ENTERPRISE AGREEMENT 2019-2023

Water, sewerage and drainage services
DEPUTY PRESIDENT BULL	SYDNEY, 16 AUGUST 2019

Application for approval of the Veolia Water Operations Pty Ltd Wyuna Water Filtration Plants (Illawarra and Woronora) Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by Veolia Water Operations(the applicant) for the approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Wyuna Water Filtration Plants (Illawarra and Woronora) Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided a written undertaking regarding Clause 42 of the Agreement and the resolution of disputes in relation to the National Employment Standards (NES).

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] It is noted that Clause 44 of the Agreement – Flexibility does not specifically state that individual flexibility arrangements would be permitted matters as required under s.203(2)(a)(i) of the Act. Clause 44 of the Agreement also does not specifically state that individual flexibility arrangements will not contain unlawful terms as required under s.203(2)(a)(ii) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model term is included at the end of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

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