DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Limited T/A Veolia Water Operations Pty Limited
(AG2020/1309)

VEOLIA WATER OPERATIONS PTY LTD – HUNTER WATER MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2019-2021

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 JUNE 2020

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 June 2020. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Veolia Water Operations Pty Limited, trading as Veolia Water Operations Pty Limited, and the Australian Services Union (ASU). The dispute centred around the application for the approval of the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2019-2021. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees and if it complied with the requirements of the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement provided fair and reasonable terms for the employees, if it met the "better off overall test" as stipulated by the Act, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the Commission considered whether the agreement contained provisions that were contrary to the public interest, particularly in terms of environmental sustainability and public health standards.

In its decision, the Commission noted that the agreement had been negotiated in good faith and met the better off overall test, as it provided employees with improved wages and conditions compared to their previous enterprise agreement. The Commission also found that the agreement contained provisions that were favourable to the employees, such as increased leave entitlements, improved shift patterns, and enhanced redundancy provisions. However, the Commission made several amendments to the agreement to address concerns related to environmental sustainability and public health. These included requiring Veolia to implement a comprehensive training program for its employees on environmental best practices and ensuring that the agreement contained provisions for the protection of public health during the handling of hazardous substances. The Commission concluded that the agreement, as amended, was in the interests of the employees and was fair and reasonable.

The Fair Work Commission approved the agreement subject to the amendments and conditions imposed. The parties were directed to give effect to the approved agreement, which would now serve as the enterprise agreement for the employees covered by the agreement.

Veolia Water Operations Pty Limited T/A 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