DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2016/8095)

VEOLIA WATER OPERATIONS PTY LTD - HUNTER WATER MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2016-2019

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2016-2019 (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 Australian Municipal, Administrative, Clerical and Services Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd sought approval for its Enterprise Agreement 2016-2019 with Hunter Water Maintenance Technicians, which was submitted to the Fair Work Commission. The union representing the technicians, the Electrical Trades Union of Australia, opposed the agreement. The crux of the dispute centred on various terms and conditions, including wages, leave entitlements, and shift patterns, among other employment-related provisions.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the "better off overall test." This test mandates that employees should be no worse off financially and at least as well off on all terms and conditions compared to the applicable award. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it complied with procedural fairness.

In its decision, the Commission evaluated the submissions from both parties and conducted a detailed analysis of the proposed terms and conditions. The Commission concluded that the agreement met the better off overall test, as employees would be at least as well off financially and in terms of other conditions. Furthermore, the Commission found that the agreement was made in good faith and that all procedural fairness requirements were met. Consequently, the Commission approved the Enterprise Agreement 2016-2019, enabling it to take effect from the specified commencement date.

As a result of the Commission's approval, the Veolia Water Operations Pty Ltd - Hunter Water Maintenance Technicians Enterprise Agreement 2016-2019 was adopted, formalising the terms and conditions for the duration of the 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