Veolia Water Operations Pty Ltd

[2018] FWCA 610

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Ltd

(AG2017/4465)

Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2017

Water, sewerage and drainage services
Deputy President Masson	MELBOURNE, 30 JANUARY 2018

Application for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Kurnell Plant Technicians 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 6 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd applied for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2017. The application was made in the Fair Work Commission, which has jurisdiction to approve, reject or vary an enterprise agreement under the Fair Work Act 2009. The dispute arose out of a negotiation between Veolia and the United Voice union, which represents the Kurnell plant technicians. The enterprise agreement sought to regulate terms and conditions of employment for the technicians, including pay rates, hours of work, and other employment related matters.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and whether it met the "better off overall test" which requires that the agreement must not be worse for the employees overall than the applicable award or general employment conditions. The Commission had to consider submissions from both Veolia and the United Voice union, as well as evidence and arguments from other interested parties. The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and that it complied with the procedural requirements of the Act. The Commission also found that the agreement met the better off overall test, as the employees would be better off overall with the agreement than without it. The Commission approved the enterprise agreement, subject to some minor modifications to ensure compliance with the Act.

The Commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. The Commission found that the agreement provided for a number of benefits for the employees, including pay increases, improved leave entitlements, and greater flexibility in work arrangements. The Commission also noted that the agreement included provisions for dispute resolution and employee participation, which were important factors in determining whether the agreement met the good faith requirement. The Commission's approval of the enterprise agreement was subject to some modifications to ensure compliance with the Act, including the removal of a clause that would have allowed for the reduction of employees' leave entitlements in certain circumstances. The final orders of the Commission approved the enterprise agreement, subject to the modifications, and authorised its registration with the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established