DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2017/1857)

VEOLIA MT PIPER POWER STATION WATER TREATMENT PLANT OPERATIONS & MAINTENANCE ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER MCKINNON	MELBOURNE, 3 JULY 2017

Application for approval of the Veolia Mt Piper Power Station Water Treatment Plant Operations & Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Veolia Mt Piper Power Station Water Treatment Plant Operations & Maintenance Enterprise Agreement 2017 (Agreement). The application was made by Veolia Water Operations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd recently sought approval for their Water Treatment Plant Operations & Maintenance Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a 'simple' agreement. The legal issues before the Commission involved assessing whether the agreement met the requirements for being classified as a 'simple' agreement and whether it provided adequate protections for employees.

The Fair Work Commission examined the provisions of the Fair Work Act and relevant regulations to determine whether the agreement satisfied the criteria for a 'simple' agreement. Key considerations included the agreement's compliance with minimum entitlements, its clarity, and the process by which it was negotiated and agreed upon. The Commission found that the agreement included all necessary minimum terms and conditions, was clear and easily understandable, and had been negotiated in good faith. Consequently, the Commission concluded that the agreement met the statutory requirements for being classified as a 'simple' agreement.

Following its assessment, the Fair Work Commission approved the Veolia Water Operations Pty Ltd Water Treatment Plant Operations & Maintenance Enterprise Agreement 2017 as a 'simple' agreement. The decision was made on the basis that the agreement was fair, provided adequate protections for employees, and complied with the legislative requirements. The approval ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the affected workers.

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