DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2018/955)

VEOLIA WATER OPERATIONS PTY LTD - HUNTER WATER OPERATIONS AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2018

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Operations Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Hunter Water Operations Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement lodged contained an error at Clause 28.6. On 25 June 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Veolia Water Operations Pty Ltd applied for approval of the Veolia Water Operations Pty Ltd - Hunter Water Operations Agreement 2018. The applicant sought approval from the Court for the agreement it had entered into with Hunter Water Corporation for the operation of water services in the Hunter region. The primary issue before the Court was whether the agreement complied with the requirements set out in the Water Industry Act 1994 (Cth) and whether it was in the public interest to approve the agreement.

The court examined the provisions of the agreement and considered the submissions made by both parties, including evidence about the operational efficiency, financial sustainability, and consumer protection aspects of the agreement. The court also evaluated the impact of the agreement on the public interest, considering factors such as the quality of water services, the financial viability of the service provider, and the ability of the provider to meet its obligations under the agreement. The Court found that the agreement met the statutory requirements and was in the public interest.

Having considered the evidence and submissions, the Court was satisfied that the agreement was fair, reasonable, and in the public interest. The Court approved the agreement, noting the benefits to consumers, the financial sustainability of the service provider, and the overall public interest. The Court's decision was based on the comprehensive analysis of the agreement and the evidence presented. The final order of the Court was the approval of the Veolia Water Operations Pty Ltd - Hunter Water Operations Agreement 2018.

Veolia Water Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established