DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2018/297)

VEOLIA WATER OPERATIONS PTY LTD - BENDIGO OPERATIONS ENTERPRISE AGREEMENT 2017

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 11 MAY 2018

Application for approval of the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Water Operations Pty Ltd applied for the approval of the Bendigo Operations Enterprise Agreement 2017. The respondent, United Voice, sought various amendments to the proposed agreement. The matter was heard by Deputy President A.J. Hill. The primary issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if any amendments were necessary to ensure it met the necessary standards. The Commission needed to assess if the agreement adequately covered the conditions of employment, including minimum rates of pay, classification of employees, and procedural fairness.

The Commission found that while the proposed agreement was largely compliant with the statutory requirements, certain aspects required amendment to ensure procedural fairness and compliance with the Act. The Commission noted that the proposed agreement did not provide for an adequate period for employees to review and discuss the agreement before voting, which was necessary to ensure informed consent. Additionally, the Commission found that the proposed agreement did not sufficiently address the issue of classification of employees, which was a significant concern for the respondent. After considering the submissions from both parties, the Commission made several amendments to the proposed agreement to address these issues, including extending the period for review and discussion and clarifying the classification of employees.

In light of the amendments, the Commission approved the Bendigo Operations Enterprise Agreement 2017 with the modifications made. The Commission emphasised the importance of procedural fairness and the need for employees to have adequate time to review and discuss the agreement before voting. The Commission also highlighted the need for clear and precise classification of employees to ensure that they are appropriately compensated for their work. The final orders of the Commission were that the proposed agreement be approved with the modifications made, and that the parties take all necessary steps to give effect to the approved agreement.

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