Veolia Water Operations Pty Ltd Summary

[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

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 Mt Piper Power Station Water Treatment Plant Operations & Maintenance Enterprise Agreement 2023. The agreement was submitted under section 233 of the Fair Work Act 2009, aiming to establish terms and conditions of employment for workers at the Mt Piper Water Treatment Plant. The dispute centred on whether the agreement met the statutory requirements for approval, including fairness, coverage, and compliance with relevant laws.

The primary legal issue before the Commission was whether the agreement was fair and appropriate, as required by section 233(1) of the Fair Work Act. The Commission considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, and if it provided for appropriate processes for the handling of workplace complaints. The Commission also needed to determine if the agreement complied with other relevant legislative requirements, including those pertaining to minimum wages and conditions.

In reaching its decision, the Commission examined the terms and conditions of the agreement, the process by which it was negotiated, and the submissions of the parties. The Commission found that the agreement was fair and appropriate, as it provided for appropriate mechanisms for the resolution of workplace disputes and for the handling of workplace complaints. The Commission also found that the agreement complied with all relevant legislative requirements. Therefore, the Commission approved the agreement under section 233(2) of the Fair Work Act.

The Commission's decision was final, and no further appeal was possible. The approved agreement now serves as the legally binding terms and conditions of employment for the relevant workers, subject to any further bargaining or amendments in the future.

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