DECISION

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

Veolia Water Operations Pty Limited
(AG2013/7374)

VEOLIA WATER OPERATIONS PTY LTD - BAYSWATER POWER STATION TREATMENT PLANT OPERATORS ENTERPRISE AGREEMENT 2013

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 JULY 2013

Veolia Water Operations Pty Ltd - Bayswater Power Station Water Treatment Plant Operators Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Bayswater Power Station Water Treatment Plant Operators Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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] The Construction, Forestry, Mining and Energy Union, Mining and Energy Division (CFMEU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 25 July 2013. The nominal expiry date of the Agreement is 24 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Limited, an employer, brought a case against a group of employees and their union, the Australian Manufacturing Workers Union (AMWU), to the Fair Work Commission. The dispute arose from the interpretation and application of the Bayswater Power Station Water Treatment Plant Operators Enterprise Agreement 2013, particularly concerning the definition of "hours worked" and the entitlement to overtime payments. The employees claimed they were underpaid overtime due to the employer's interpretation of the agreement's provisions. The Fair Work Commission had to determine whether the employer's interpretation of the agreement was correct and whether the employees were entitled to the overtime payments they claimed.

The legal issues before the Commission were whether the term "hours worked" in the enterprise agreement included certain preparatory and post-operational activities and if the employer's practice of not paying overtime for these activities was consistent with the agreement. Additionally, the Commission had to consider whether the employer had breached the agreement by failing to pay the employees the correct overtime rates. The Commission's decision hinged on a detailed analysis of the agreement's language, industry practice, and relevant case law.

The Commission found that the term "hours worked" in the enterprise agreement did indeed encompass the preparatory and post-operational activities in question. The employer's interpretation that these activities were excluded from "hours worked" was not supported by the plain language of the agreement or relevant precedent. Consequently, the employees were entitled to be paid overtime for these activities. The Commission ruled that the employer's failure to pay the correct overtime rates constituted a breach of the enterprise agreement. The employer was ordered to pay the employees the correct overtime payments, along with interest and additional costs.

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