Veolia Water Operations Pty Limited Summary

[2014] FWCA 4415

FAIR WORK COMMISSION

DECISION

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

Veolia Water Operations Pty Limited
(AG2014/6227)

VEOLIA WATER OPERATIONS PTY LTD - GOLD COAST DESALINATION PLANT OPERATORS ENTERPRISE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2014

Application for approval of the Veolia Water Operations Pty Ltd-Gold Coast Desalination Plant Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd-Gold Coast Desalination Plant Operators Enterprise Agreement 2014 (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 Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (the AWU), being bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 4 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Water Operations Pty Limited recently had its application for approval of the Veolia Water Operations Pty Ltd-Gold Coast Desalination Plant Operators Enterprise Agreement 2014 heard in the Fair Work Commission. The applicant, Veolia Water Operations, sought approval of the enterprise agreement under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval under the Act, specifically whether it provided for the fair and efficient resolution of workplace issues, and whether it had been fairly negotiated.

The legal issues the court was required to decide included whether the agreement was genuinely negotiated and whether it contained appropriate terms and conditions for the employees. The court also considered whether the agreement provided for the fair and efficient resolution of workplace issues and whether it met the 'better off overall' test, ensuring that employees were not worse off under the agreement compared to their previous conditions. Additionally, the court examined the process of negotiation to ensure it was conducted in good faith.

In its decision, the Fair Work Commission determined that the enterprise agreement met the necessary criteria for approval. The court found that the agreement had been genuinely negotiated, contained appropriate terms and conditions, and provided for the fair and efficient resolution of workplace issues. The agreement was also found to meet the 'better off overall' test, ensuring that employees would not be worse off under the new agreement. The court concluded that the process of negotiation was conducted in good faith and that the agreement was fair and balanced. As a result, the application for approval of the enterprise agreement was successful.

The final orders of the court included the approval of the Veolia Water Operations Pty Ltd-Gold Coast Desalination Plant Operators Enterprise Agreement 2014, subject to certain conditions and modifications to address minor concerns raised during the hearing. The court also directed the parties to comply with any relevant provisions of the Fair Work Act 2009 and to adhere to the terms and conditions of the approved enterprise agreement.

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