DECISION

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

Veolia Water Operations Pty Limited
(AG2015/2191)

VEOLIA WATER OPERATIONS PTY LTD - WESTERN CORRIDOR RECYCLED WATER PROJECT OPERATOR/MAINTAINER ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 5 MAY 2015

Application for approval of the Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Water Operations Pty Limited.

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

[3] On 30 April 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 May 2015. The nominal expiry date of the Agreement is 4 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Water Operations Pty Limited sought approval for the Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2015 from the Fair Work Commission. The application required approval under the Fair Work Act 2009, and the dispute revolved around whether the agreement complied with the statutory requirements for approval. The legal issues before the court were whether the agreement provided fair and reasonable terms for employees, and whether it adhered to the procedural requirements for approval.

The court examined the agreement's provisions for wages, conditions, and dispute resolution mechanisms. It assessed whether the agreement provided fair and reasonable terms and conditions for employees, taking into account industry benchmarks and the specific circumstances of the workforce. The court also considered whether the agreement was negotiated in good faith and whether the process for approval was conducted in accordance with the relevant legislative provisions. The court's decision hinged on whether the agreement met the statutory criteria for approval under the Fair Work Act.

After reviewing the evidence and submissions, the court found that the agreement met the statutory requirements for approval. The court determined that the agreement provided fair and reasonable terms for employees, and that the process for approval was conducted in accordance with the law. The court approved the agreement, allowing it to come into effect as a registered agreement. This decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of fair and reasonable terms for employees in the context of industrial relations.

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