Veolia Water Operations Pty Ltd Summary

[2023] FWCA 3058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Ltd

(AG2023/3236)

VEOLIA WATER OPERATIONS PTY LTD KURNELL PLANT TECHNICIANS ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
DEPUTY PRESIDENT DEAN	CANBERRA, 20 SEPTEMBER 2023

Application for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise 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 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 27 September 2023. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

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 the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2023. The respondents, who were the employees covered by the proposed agreement, objected to the application, citing concerns over the proposed terms and conditions. The matter was heard by the Commission, which had to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions for the employees. The respondents argued that the proposed agreement did not adequately protect their rights and entitlements, particularly in relation to pay rates, penalties, and leave provisions. The Commission needed to consider whether the agreement complied with the provisions of the Fair Work Act and whether it provided for a fair and reasonable set of terms and conditions for the employees.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the proposed agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2023, subject to certain minor modifications to address the respondents' concerns.

The Commission's decision was based on its assessment of the evidence and submissions, and its consideration of the relevant statutory provisions. The Commission found that the proposed agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it complied with the requirements of the Fair Work Act. The Commission's approval of the agreement was subject to certain modifications, which were designed to address the respondents' concerns and ensure that the agreement provided for fair and reasonable terms and conditions for the employees.

Veolia Water Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established