Veolia Water Operations Pty Ltd
[2023] FWCA 688
•2 MARCH 2023
| [2023] FWCA 688 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Veolia Water Operations Pty Ltd
(AG2023/280)
VEOLIA MT PIPER POWER STATION WATER TREATMENT PLANT OPERATIONS & MAINTENANCE ENTERPRISE AGREEMENT 2023
| Water, sewerage and drainage services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 2 MARCH 2023 |
Application for approval of the Veolia Mt Piper Power Station Water Treatment Plant Operations & Maintenance Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Veolia Mt Piper Power Station Water Treatment Plant Operations & Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Water Operations Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 28 February 2023. Those undertakings are attached at Annexure A and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical Power Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2023. The nominal expiry date of the Agreement is 2 March 2026.
DEPUTY PRESIDENT
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