Veolia Water Services (ANZ) Pty Ltd Summary

[2016] FWCA 2155

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Services (ANZ) Pty Ltd

(AG2016/2444)

VEOLIA WATER SERVICES PTY LTD (BALLARAT OPERATIONS)

ENTERPRISE AGREEMENT 2016

Water, sewerage and drainage services

COMMISSIONER ROE

MELBOURNE, 7 APRIL 2016

Application for approval of the Veolia Water Services Pty Ltd (Ballarat Operations)

Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2016 (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 Services (ANZ) 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. 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.

[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.
[2016] FWCA 2155

[4] The Agreement was approved on 7 April 2016 and, in accordance with s.54, will

operate from 14 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Water Services (ANZ) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009. The enterprise agreement in question covers employees involved in water, sewerage, and drainage services. Commissioner Roe presided over the matter in Melbourne on 7 April 2016.

The primary legal issues that the Commissioner had to determine were whether the application met the requirements of sections 186, 187, and 188 of the Act, and whether the group of employees involved was fairly chosen. The Commissioner needed to ensure that the agreement was a genuine enterprise agreement and that it was not discriminatory in nature. Additionally, the Commissioner needed to consider whether the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement.

Commissioner Roe found that the requirements of sections 186, 187, and 188 of the Act had been met. The Commissioner also found that the group of employees was fairly chosen, despite the fact that the agreement did not cover all employees of the employer. The Commissioner took into account the factors in section 186(3) and (3A) of the Act in making this determination. Furthermore, the Commissioner determined that the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement.

The Commissioner approved the enterprise agreement on 7 April 2016, and it will operate from 14 April 2016. The nominal expiry date of the agreement is 31 December 2018. This decision provides clarity and guidance to employers and employees involved in the water, sewerage, and drainage services industry in relation to enterprise agreements.

Veolia Water Services (ANZ) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established