Veolia Water Operations Pty Ltd

[2018] FWCA 2565

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Ltd

(AG2017/5711)

Veolia Water Operations Pty Ltd - Gerringong-Gerroa Sewerage Scheme Enterprise Agreement 2017

Water, sewerage and drainage services
Deputy President Masson	MELBOURNE, 8 MAY 2018

Application for approval of the Veolia Water Operations Pty Ltd - Gerringong-Gerroa Sewerage Scheme Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Gerringong-Gerroa Sewerage Scheme 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 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

Veolia Water Operations Pty Ltd sought approval for the Gerringong-Gerroa Sewerage Scheme Enterprise Agreement 2017. The applicant argued that the agreement was intended to provide a fair and efficient workplace environment, including the introduction of a four-day workweek. The case was heard in the Fair Work Commission. The primary legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions relating to the four-day workweek. The Commission needed to determine if these provisions were procedurally and substantively fair, and whether they met the criteria for "better off overall" for the employees.

The Commission examined the evidence and submissions from both parties, considering the impact of the proposed four-day workweek on employees' work-life balance and overall job satisfaction. It also assessed whether the agreement provided for appropriate consultation and negotiation processes. The Commission found that the proposed agreement was fair and reasonable, as it provided employees with a more flexible work schedule without reducing their overall remuneration. The Commission also noted that the agreement included provisions for adequate consultation and negotiation, which complied with the Fair Work Act. The applicant satisfied the requirements for approval, and the Commission approved the enterprise agreement.

The Fair Work Commission approved the Gerringong-Gerroa Sewerage Scheme Enterprise Agreement 2017, recognising its fairness and reasonableness in providing employees with a four-day workweek while maintaining their overall remuneration. The decision underscores the importance of balancing workplace flexibility with employee satisfaction and compliance with the Fair Work Act. The approval of this agreement sets a precedent for similar workplace arrangements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established