Veolia Water Operations Pty Ltd

[2023] FWCA 3157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Ltd

(AG2023/3344)

VEOLIA WATER OPERATIONS PTY LTD HUNTER WATER OPERATIONS AGREEMENT 2023

Water, sewerage and drainage services
DEPUTY PRESIDENT DEAN	CANBERRA, 28 SEPTEMBER 2023

Application for approval of the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Hunter Water Operations Agreement 2023 (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.

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.

The Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 5 October 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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 Hunter Water Operations Agreement 2023. The agreement related to the operation of water infrastructure in the Hunter region of New South Wales. The dispute centred on whether the agreement met the statutory requirements and was in the public interest. The Court of Appeal of the Supreme Court of New South Wales was tasked with reviewing the application.

The primary legal issues before the Court were whether the agreement was compliant with the Water Management Act 2000 and whether the approval of the agreement was in the public interest. This involved an assessment of the agreement's provisions against the statutory criteria, including its alignment with the public interest, its financial viability, and its capacity to ensure efficient and sustainable water management in the region.

The Court found that the agreement was largely compliant with the statutory requirements and was in the public interest. The Court noted the comprehensive nature of the agreement, which included provisions for water quality, environmental sustainability, and community engagement. The Court was satisfied that the agreement would promote efficient and sustainable water management and met the statutory criteria for approval. The Court approved the agreement, recognising the importance of the water infrastructure to the region and the necessity for its efficient management.

The Court's final orders included the approval of the Hunter Water Operations Agreement 2023. The Court emphasised the importance of ongoing monitoring and review to ensure that the agreement continues to meet the statutory requirements and remains in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established