DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2015/5017)

VEOLIA WATER OPERATIONS PTY LTD - HUNTER WATER OPERATIONS AND MAINTENANCE AGREEMENT 2015

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Veolia Water Operations Pty Ltd - Hunter Water Operations and Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Hunter Water Operations and Maintenance Agreement 2015 (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 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd applied to the Court for approval of the Veolia Water Operations Pty Ltd - Hunter Water Operations and Maintenance Agreement 2015. The agreement was intended to govern the relationship between Veolia and Hunter Water in relation to the operation and maintenance of water infrastructure. The application was made under the Water Management Act 2000, which required the Court's approval of such agreements. The primary legal issue before the Court was whether the agreement complied with the statutory requirements for the approval of an operations and maintenance agreement. Specifically, the Court had to consider whether the agreement met the standards set out in the Water Management Act, including whether it provided for the effective and efficient operation and maintenance of the water infrastructure.

The Court examined the provisions of the agreement and found that it met the statutory requirements. The agreement provided for the delegation of certain functions to Veolia, while maintaining oversight and control by Hunter Water. The Court was satisfied that the agreement provided for the effective and efficient operation and maintenance of the water infrastructure, and that it was consistent with the objectives of the Water Management Act. The Court also noted that the agreement provided for regular reporting and monitoring, as well as mechanisms for resolving disputes between the parties.

In light of the above, the Court approved the Veolia Water Operations Pty Ltd - Hunter Water Operations and Maintenance Agreement 2015, subject to certain conditions. These conditions included the requirement for Veolia to provide regular reports to Hunter Water, and for Hunter Water to have the right to terminate the agreement if Veolia failed to meet certain performance standards. The Court also ordered that the agreement be reviewed by an independent expert every five years, to ensure that it continued to meet the statutory requirements.

Veolia Water Operations Pty Ltd

DECISION

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