DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Limited
(AG2021/4526)

VEOLIA WATER OPERATIONS PTY LTD GERRINGONG - GERROA SEWERAGE SCHEME ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Veolia Water Operations Pty Ltd Gerringong - Gerroa Sewerage Scheme Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Gerringong - Gerroa Sewerage Scheme Enterprise Agreement 2021 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this Approval. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Veolia Water Operations Pty Limited, an applicant, seeking approval of an enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to determine whether the proposed agreement met the necessary criteria for registration. The dispute centred on various provisions within the proposed agreement, including those related to employment terms, wages, and conditions for employees.

The primary legal issue the Commission had to address was whether the agreement provided fair and reasonable terms for the employees, as required by the Fair Work Act. This involved examining if the agreement met the "better off overall test" and whether it included any unfair or discriminatory terms. The Commission also needed to ensure the agreement was in line with relevant industrial awards and did not undermine existing industrial rights or benefits.

In its decision, the Commission carefully reviewed the proposed agreement and found it to meet the legislative requirements. The terms were deemed fair and reasonable, passing the better off overall test. The Commission concluded that the agreement did not include any unfair or discriminatory provisions and was consistent with applicable awards. As a result, the Commission approved the application for the registration of the Veolia Water Operations Pty Ltd Gerringong - Gerroa Sewerage Scheme Enterprise Agreement 2021.

The final orders of the Fair Work Commission approved the registration of the enterprise agreement, effective from the date of the decision. This approval meant that the terms of the agreement would be binding on the parties and enforceable under the Fair Work Act. The decision provided clarity and certainty for the employees and the employer, ensuring that the agreement was lawful and compliant with industrial standards.

Veolia Water Operations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established