Veolia Water Operations Pty Limited Summary

[2022] FWCA 455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Limited

(AG2022/7)

Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2022 - 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2022 - 2024

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2022 - 2024 (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 Operations Pty Limited. The Agreement is a single enterprise agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

Clause 5 of the Agreement states that the Australian Municipal, Administrative, Clerical and Services Union (ASU) is bound by the Agreement. I do not know if the ASU was a bargaining representative for the Agreement, the Applicant did not identify it as a bargaining representative but in any case, it has not given notice under s.183 of the Act that it wants the Agreement to cover it and as such is not covered by the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veolia Water Operations Pty Ltd, an employer, and its unionised employees represented by the Transport Workers Union of Australia. The matter was brought before the Fair Work Commission (FWC) by Veolia Water Operations Pty Ltd, which sought approval for an enterprise agreement that had been negotiated with the union. The proposed agreement, titled the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2022-2024, was contested by the union, which raised several objections, primarily concerning the conditions and terms outlined in the agreement.

The legal issues before the FWC centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness in its negotiation and the substantive fairness of its terms. The union argued that the agreement did not fairly reflect the needs and interests of the employees, particularly in regards to wages, working conditions, and dispute resolution mechanisms. The employer, on the other hand, contended that the agreement was fair and necessary for the efficient operation of their business.

In delivering its decision, the FWC carefully considered the arguments of both parties and examined the terms of the proposed agreement. The FWC noted that the agreement had been negotiated in good faith and that the union had been given adequate opportunity to participate in the negotiation process. The FWC also found that the terms of the agreement were reasonable and met the statutory requirements under the Fair Work Act 2009. The union's concerns regarding the substantive fairness of the agreement were addressed and largely mitigated by the FWC through minor amendments and clarifications. Ultimately, the FWC approved the proposed agreement, finding it to be in the best interests of the employees and compliant with the relevant legislative framework.

The FWC's final order approved the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2022-2024, subject to the modifications and clarifications made by the FWC during the hearing. This decision ensures that the terms of the agreement will govern the employment conditions of the unionised employees of Veolia Water Operations Pty Ltd for the specified period.

Veolia Water Operations Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established