DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2021/5883)

VEOLIA WATER OPERATIONS PTY LTD – BENDIGO OPERATIONS ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
COMMISSIONER JOHNS	SYDNEY, 8 JULY 2021

Application for approval of the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Bendigo Operations Enterprise Agreement 2021 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd recently sought approval from the Fair Work Commission for the Bendigo Operations Enterprise Agreement 2021. The agreement in question sought to regulate employment terms and conditions for employees working within Veolia's Bendigo operations. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal in Australia.

The primary legal issues before the Commission involved whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was free from any prohibited content, dealt fairly with the employees, and provided a pathway to resolution of any future disputes. The Commission also needed to consider the extent to which the agreement satisfied the "better off overall test" to ensure that the employees were no worse off financially under the new agreement.

In delivering its decision, the Commission examined the evidence presented by both Veolia and the relevant trade union. It assessed the agreement against the statutory criteria outlined in the Fair Work Act. The Commission concluded that the proposed agreement was free from prohibited content, contained fair terms and conditions, and provided a fair mechanism for resolving disputes. Furthermore, it found that the agreement satisfied the better off overall test, as the majority of employees would benefit from the proposed changes. Therefore, the Commission approved the enterprise agreement, emphasising the importance of maintaining harmonious industrial relations and ensuring fair treatment of employees.

The Fair Work Commission approved the Bendigo Operations Enterprise Agreement 2021, subject to the terms and conditions outlined in the decision. This outcome allows Veolia to implement the agreed employment terms and conditions for its Bendigo operations workforce, subject to compliance with the approved agreement.

Veolia Water Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established