DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2018/5991)

VEOLIA WATER OPERATIONS PTY LTD - WESTERN CORRIDOR RECYCLED WATER PROJECT OPERATOR/MAINTAINER ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Veolia Water Operations Pty Ltd - Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2018.

[1] 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 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd sought approval for the Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2018 before the Fair Work Commission. The application involved determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009, specifically focusing on the procedural fairness and substantive fairness of the agreement. The dispute centred on whether the agreement provided adequate protections and benefits to the employees involved.

The primary legal issue the court had to address was whether the proposed enterprise agreement was made in accordance with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was fairly negotiated and if it contained the necessary minimum terms and conditions of employment. Additionally, the court needed to determine if the process leading to the agreement's formulation was procedurally fair and if the agreement itself was substantively fair to the employees.

The Fair Work Commission evaluated the evidence presented by Veolia Water Operations and the relevant union. It examined the negotiation process and the content of the proposed agreement. The Commission concluded that the agreement was made in accordance with the Fair Work Act 2009. The process was found to be procedurally fair, as there was evidence of good faith negotiations between the parties. Furthermore, the agreement was deemed substantively fair, as it provided for adequate protections and benefits for the employees. The Commission approved the proposed agreement, finding it met all the necessary legal requirements.

The Fair Work Commission's final order was to approve the Western Corridor Recycled Water Project Operator/Maintainer Enterprise Agreement 2018, confirming its compliance with the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, ensuring that all terms and conditions outlined within it would apply to the relevant employees.

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