Veolia Water Operations Pty Ltd

[2019] FWCA 1679

[2019] FWCA 1679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2018/6289)

VEOLIA WATER OPERATIONS PTY LTD KURNELL PLANT TECHNICIANS ENTERPRISE AGREEMENT 2018-2022

Water, sewerage and drainage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MARCH 2019

Application for approval of the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd Kurnell Plant Technicians Enterprise Agreement 2018-2022 (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.

[2] The Applicant filed a statutory declaration in support of the Agreement. The statutory declaration noted that the relevant award for the purpose of the better off overall test (BOOT) was the Water Industry Award 2010 (the Award). The statutory declaration noted that some of the provisions in the proposed Agreement were more beneficial than the Award or were not conferred by the Award. No beneficial terms were also identified.

[3] Australian Municipal, Administrative, Clerical and Services Union (ASU) filed a statutory declaration on 26 November 2018. In doing so, the ASU, while supporting approval of the Agreement, disagree with some of the answers given by the Applicant in its Form F17 and identified a number of clauses which they believed were less beneficial than the Award. The ASU did not otherwise seek to be heard in relation to those matters.

[4] I have considered the matters raised by the ASU in their Form F18 and while there are some less beneficial provisions in the Agreement I am satisfied that the wage rates in the Agreement, which are between 26% and 120% above Award rates of pay, are sufficient to compensate for those less beneficial provision.

[5] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The ASU 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A