Veolia Water Services (ANZ) Pty Ltd Summary

[2023] FWCA 817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Water Services (ANZ) Pty Ltd

(AG2023/445)

VEOLIA WATER SERVICES PTY LTD (BALLARAT OPERATIONS) ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER JOHNS	MELBOURNE, 16 MARCH 2023

Application for approval of the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Water Services Pty Ltd (Ballarat Operations) Enterprise Agreement 2023 (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.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 31 December 2025

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Services (ANZ) Pty Ltd recently appeared before the Fair Work Commission to seek approval of an enterprise agreement. The application pertains to the Ballarat Operations of the company and involves the proposed 2023 Enterprise Agreement. The dispute arose as the applicant sought formal recognition of the agreement's terms, which had been negotiated between the employer and the employees' representatives. The legal issues before the Commission involved assessing whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the employees' minimum entitlements and fair work outcomes.

The Fair Work Commission conducted a thorough review of the proposed agreement, examining various provisions such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission evaluated the agreement to ensure it did not disadvantage employees and was made in good faith. The Commission also considered the process through which the agreement was negotiated, ensuring it was fair and representative of the employees' interests. After scrutiny, the Commission determined that the agreement satisfied the necessary criteria and did not contravene any provisions of the Fair Work Act. The agreement was found to provide fair and reasonable terms that met the minimum standards required by law.

Having found the agreement to be compliant with the statutory requirements, the Fair Work Commission approved the Veolia Water Services (ANZ) Pty Ltd (Ballarat Operations) Enterprise Agreement 2023. This decision formally recognises the agreement and sets the terms and conditions of employment for the employees covered by it. The approval ensures that the agreement will be binding and enforceable, providing clarity and stability in the workplace. The decision also serves as a precedent for similar agreements, reinforcing the importance of fair and lawful enterprise bargaining processes.

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