DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Technologies (Australia) Pty Ltd
(AG2017/3394)

VEOLIA WATER TECHNOLOGIES (AUSTRALIA) PARTNERSHIP AGREEMENT (QUEENSLAND) 2017-2019

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Veolia Water Technologies (Australia) Partnership Agreement (Queensland) 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Technologies (Australia) Partnership Agreement (Queensland) 2017-2019 (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 Technologies (Australia) 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] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 16 October 2017 and, in accordance with s.54, will operate from 23 October 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Water Technologies (Australia) Pty Ltd applied to the Fair Work Commission for approval of a partnership agreement with the Queensland Building and Construction General On-Site Workers’ Union. The agreement proposed a framework for employment conditions, including wages, hours of work, and dispute resolution mechanisms, for workers in the water treatment industry in Queensland. The legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it promoted high wages, high conditions, and improved productivity. The Commission considered the text of the proposed agreement, submissions from the parties, and relevant industrial instruments.

The Commission found that the proposed agreement met the statutory requirements under the Fair Work Act, as it provided for wages and conditions that were at least equal to those in the relevant modern award and did not undercut existing agreements. The Commission also considered the impact of the agreement on productivity and the promotion of high wages and conditions. The Commission found that the proposed agreement provided for a fair and reasonable outcome for both employers and employees, and it approved the agreement. The Commission also made an order that the agreement be registered with the Fair Work Commission.

The Court found in favour of Veolia Water Technologies (Australia) Pty Ltd and the Queensland Building and Construction General On-Site Workers’ Union. The Court approved the partnership agreement and ordered that it be registered with the Fair Work Commission. The Court found that the proposed agreement met the statutory requirements under the Fair Work Act and promoted high wages, high conditions, and improved productivity. The Court also found that the agreement provided for a fair and reasonable outcome for both employers and employees.

Veolia Water Technologies (Australia) 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