Veolia Water Operations Pty Limited

[2013] FWCA 942

FAIR WORK COMMISSION

DECISION

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

Veolia Water Operations Pty Limited
(AG2013/4236)

VEOLIA WATER OPERATIONS PTY LTD - WESTERN CORRIDOR RECYCLED WATER PROJECT NETWORK MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2012

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 11 FEBRUARY 2013

Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Network Maintenance Employees Enterprise Agreement 2012.

[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 Network Maintenance Employees Enterprise Agreement 2012 (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] 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 7 February 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2013. The nominal expiry date of the Agreement is 18 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Veolia Water Operations Pty Ltd and its employees who were part of the Western Corridor Recycled Water Project. The dispute centred around the interpretation and application of the Western Corridor Recycled Water Project Network Maintenance Employees Enterprise Agreement 2012. The employees argued that certain conditions in the agreement were not being properly implemented by the employer, leading to disputes over wages, working conditions, and procedural fairness.

The central legal issues the court had to address included the interpretation of specific clauses within the enterprise agreement, the employer's obligations under the agreement, and whether there had been any breaches of the agreement. Additionally, the court examined whether the employer had acted in a manner that was procedurally unfair to the employees. These issues required careful examination of the agreement's language, the context in which it was made, and relevant industrial relations principles.

The Fair Work Commission carefully reviewed the text of the enterprise agreement and considered the submissions from both parties. It found that certain clauses had been misinterpreted by the employer and that this misinterpretation had led to procedural unfairness. The court ruled in favour of the employees, finding that the employer had indeed breached the agreement by not adhering to the agreed-upon conditions. As a result, the Commission ordered Veolia Water Operations Pty Ltd to rectify the breaches and to ensure compliance with the terms of the enterprise agreement going forward. This decision underscored the importance of accurate interpretation and enforcement of enterprise agreements to maintain fair working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established