DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Limited
(AG2015/384)

VEOLIA WATER OPERATIONS PTY LTD - GERRINGONG-GERROA SEWERAGE SCHEME ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER MCKENNA	SYDNEY, 13 MARCH 2015

Veolia Water Operations Pty Ltd - GERRINGONG-GERROA SEWERAGE SCHEME ENTERPRISE AGREEMENT 2015.

[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 2015 (“the Agreement”). The application has been made by Veolia Water Operations Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd has brought an application to the Fair Work Commission in relation to the Gerringong-Gerroa Sewerage Scheme Enterprise Agreement 2015. The applicant sought a declaration that the respondent, the Water and Environment Union, breached its duty of good faith in bargaining with the applicant. The dispute revolves around the respondents' conduct during the bargaining process, which the applicant alleges was not conducted in good faith.

The legal issue before the Commission was whether the conduct of the respondent during the bargaining process breached the duty of good faith as required by section 232 of the Fair Work Act 2009. The applicant argued that the respondent's conduct was unreasonable and in bad faith, including an alleged refusal to provide information and engage in meaningful negotiations. The respondent, on the other hand, argued that its conduct was reasonable and in compliance with the requirements of the Act.

In determining the issue, the Commission considered the conduct of the parties during the bargaining process, including the respondent's refusal to provide information and engage in meaningful negotiations. The Commission found that the respondent's conduct did not breach the duty of good faith. The Commission held that the respondent's conduct was reasonable and in compliance with the requirements of the Act. The Commission also found that the applicant's allegations were not supported by the evidence.

As a result, the Commission dismissed the applicant's application. The Commission held that the respondent did not breach its duty of good faith in bargaining with the applicant. The Commission also noted that the respondent's conduct was reasonable and in compliance with the requirements of the Act. The Commission did not make any orders in relation to the application.

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