Veolia Water Operations Pty Limited

[2025] FWCA 1356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Limited

(AG2025/1013)

VEOLIA WATER OPERATIONS PTY LTD - HUNTER WATER MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 APRIL 2025

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Water Operations Pty Limited (Employer). The Agreement is a single enterprise agreement.

On the application, the signatory for the Employer has not provided their address. The Applicant provided a revised signature page on 16 April 2025 to the Commission reflecting the required information. I am satisfied that these corrections should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the corrections.

Coverage of employee organisation(s)

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Water Industry Award 2020 is taken to be a term of the Agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Limited, represented by the applicant, sought approval of the Hunter Water Maintenance Technicians Enterprise Agreement 2024 from the Fair Work Commission. The dispute involved the classification and remuneration of certain employees within the Hunter Water Maintenance Technicians Enterprise Agreement, with a particular focus on the roles and pay rates of certain maintenance technicians.

The legal issues before the commission centered on whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of ensuring fairness, consistency, and clarity in the classification and pay rates for the employees involved. The applicant argued that the proposed agreement met all necessary legislative requirements and was fair and reasonable for the employees. The commission had to determine whether the agreement appropriately balanced the interests of the employer and employees, and whether it provided for a fair and reasonable method of determining the classification and pay rates of the employees.

The Fair Work Commission found that the proposed agreement was compliant with the Fair Work Act 2009. The commission determined that the classification and pay rates provided for in the agreement were fair and reasonable, taking into account the nature of the work, the skills and responsibilities of the employees, and the overall context of the enterprise. The commission was satisfied that the agreement provided a transparent and consistent method for determining the classification and pay rates of the employees, and that it appropriately balanced the interests of both the employer and the employees. Consequently, the commission approved the Hunter Water Maintenance Technicians Enterprise Agreement 2024.

The final orders of the commission were that the Hunter Water Maintenance Technicians Enterprise Agreement 2024, as submitted by the applicant, be approved as a certified agreement under the Fair Work Act 2009. This decision confirmed the agreement as legally binding and enforceable between the parties involved, effective from the date of the commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established