DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Technologies (Australia) Pty Ltd
(AG2017/2158)

VEOLIA WATER NETWORK SERVICES PTY LTD (VICTORIA) AGREEMENT 2017 - 2019

Water, sewerage and drainage services
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2017

Application for approval of the Veolia Water Network Services Pty Ltd (Victoria) Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Network Services Pty Ltd (Victoria) Agreement 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] The Applicant 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Technologies (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Water Network Services Pty Ltd (Victoria) Agreement 2017-2019. The respondent, United Voice, a trade union, opposed the approval of the agreement on the basis that it did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions, including the provisions for enterprise bargaining agreements. The Commission also considered the views of the parties and the implications of the agreement for employees and employers.

The Fair Work Commission found that the proposed agreement met the procedural and substantive requirements of the Fair Work Act. The Commission determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission also noted that the agreement provided for a fair and reasonable outcome for both employees and employers. As a result, the Commission approved the agreement, and it became a legally binding enterprise agreement.

The Fair Work Commission approved the Veolia Water Network Services Pty Ltd (Victoria) Agreement 2017-2019, and it became a legally binding enterprise agreement. The Commission determined that the agreement met the procedural and substantive requirements of the Fair Work Act and provided for a fair and reasonable outcome for both employees and employers. The approval of the agreement will provide certainty and stability for the parties and their 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