Veolia Water Operations Pty Ltd Summary

[2023] FWCA 499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Operations Pty Ltd

(AG2023/126)

Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2023

Water, sewerage and drainage services
DEPUTY PRESIDENT DOBSON	BRISBANE, 16 FEBRUARY 2023

Application for approval of the Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd – Western Corridor Recycled Water Project Operator/Maintainer 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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Veolia Water Operations Pty Ltd, the applicant, seeking approval of the Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2023. The applicant is a company involved in water management and infrastructure, and the dispute centred on the terms of employment for the workers involved in the project. The case was heard by the Fair Work Commission, which has jurisdiction over employment agreements and related matters.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Act. This included assessing whether the agreement provided appropriate protections for employees, such as minimum wage rates, leave entitlements, and conditions of work. The Commission also had to consider if the agreement was negotiated in good faith and whether it met the criteria for being certified as a single-enterprise agreement.

In reaching its decision, the Commission examined the terms of the proposed agreement and the evidence provided by both the applicant and the employees' representatives. The Commission considered factors such as the bargaining power of the parties, the nature of the work involved, and the overall fairness of the agreement. After careful consideration, the Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided fair and reasonable terms for the employees, and that it had been negotiated in good faith. The Commission also concluded that the agreement was appropriate for certification as a single-enterprise agreement.

The Fair Work Commission approved the Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2023. The Commission certified the agreement as a single-enterprise agreement, effective from the date of the decision. This outcome means that the terms and conditions outlined in the agreement will govern the employment of the relevant workers, and the agreement will be enforceable under the Fair Work Act 2009.

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