DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Operations Pty Ltd
(AG2018/2210)

VEOLIA WATER OPERATIONS PTY LTD - GOLD COAST DESALINATION PLANT OPERATORS ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Veolia Water Operations Pty Ltd - Gold Coast Desalination Plant Operators Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Gold Coast Desalination Plant Operators 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] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Australian Workers’ Union 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.

[6] The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 18 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Operations Pty Ltd sought approval for the Veolia Water Operations Pty Ltd - Gold Coast Desalination Plant Operators Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions for minimum rates of pay, penalty rates, and conditions of employment.

The legal issues involved determining if the agreement provided for adequate minimum rates of pay and penalty rates, and if the conditions of employment were fair and reasonable. The applicant argued that the proposed agreement satisfied the statutory requirements, while the respondent raised concerns about the adequacy of the proposed terms. The court had to balance the need for fair and reasonable terms with the rights of the parties under the Act.

The Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission determined that the minimum rates of pay and penalty rates were fair and reasonable, and the conditions of employment were appropriate. The Commission also noted that the agreement provided for a fair process for the resolution of disputes between the parties. The Commission approved the application and registered the enterprise agreement under the Act.

The final orders included the approval and registration of the Veolia Water Operations Pty Ltd - Gold Coast Desalination Plant Operators Enterprise Agreement 2018. The agreement was to be in effect from the date of registration and would govern the employment conditions of the relevant employees until superseded by a new 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