DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2014/10671)

VEOLIA WATER OPERATIONS PTY LTD - BENDIGO OPERATIONS ENTERPRISE AGREEMENT 2014

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

Application for approval of the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2014 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2014. The application involved an agreement concerning the terms and conditions of employment for employees in the Bendigo operations of the company. The dispute centred around whether the agreement complied with the relevant legislative provisions, particularly those under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act, including provisions for employee representation, procedural fairness in the negotiation process, and compliance with minimum workplace standards. The court also needed to determine if the agreement was made in good faith and if it provided for proper protections for employees. Further, the court examined if the agreement contained all the mandatory terms as required by the Act and if it was appropriately certified by the relevant independent body.

In examining these issues, the court reviewed the negotiation process and the contents of the agreement. It assessed whether the agreement was the product of genuine negotiations between the employer and the employees, and whether the employees were adequately represented. The court also considered if the agreement contained all necessary terms and if it adhered to the statutory minimum standards. Ultimately, the court found that the enterprise agreement met all the legislative requirements and was made in good faith. The court approved the agreement, finding it to be fair and compliant with the Fair Work Act.

The final orders of the court included the approval of the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2014, effective from the date of the decision. This approval signified that the agreement could be implemented as the governing document for the employment conditions of the employees in the Bendigo operations of Veolia Water Operations Pty Ltd.

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