DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Services (ANZ) Pty Ltd t/a Veolia Water
(AG2019/344)

VEOLIA WATER SERVICES PTY LTD (BALLARAT OPERATIONS) ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2019

Application for approval of the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2019

[1] Veolia Water Services (ANZ) Pty Ltd t/a Veolia Water has made an application for approval of an enterprise agreement known as the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[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 Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Services (ANZ) Pty Ltd, trading as Veolia Water, applied to the Fair Work Commission for approval of the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2019. The applicant sought to ensure that the agreement met the requirements of the Fair Work Act 2009 for being a suitable enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Act and was made in good faith.

The primary legal issues before the Commission involved assessing whether the agreement contained the necessary minimum terms and conditions as specified by the Fair Work Act. This included verifying if the agreement was made in good faith, whether it covered the appropriate bargaining unit, and if it included all the required minimum terms. The Commission also needed to consider whether any provisions in the agreement were unfair or unreasonable.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement was made in good faith and that it covered the appropriate bargaining unit. It also determined that the agreement contained all the required minimum terms and that no provisions were unfair or unreasonable. Consequently, the Commission approved the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2019, confirming its compliance with the Fair Work Act.

Veolia Water Services (ANZ) Pty Ltd t/a Veolia Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established