DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Water Technologies (Australia) Pty Ltd
(AG2018/4667)

VEOLIA WATER TECHNOLOGIES (AUSTRALIA) ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JANUARY 2019

Application for approval of the Veolia Water Technologies (Australia) Enterprise Agreement (New South Wales) 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Water Technologies (Australia) Enterprise Agreement (New South Wales) 2018-2019 (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 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] The Agreement was approved on 30 January 2019 and, in accordance with s.54, will operate from 6 February 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Water Technologies (Australia) Pty Ltd, an employer, applied for approval of a proposed enterprise agreement with its employees represented by the United Voice union. The dispute arose over the terms and conditions of employment for certain employees, specifically those engaged under a separate agreement that was due to expire. The application was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement, which contained terms and conditions that differed from those in the existing agreement, could be approved by the Commission. A key point of contention was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This included whether the new terms adequately addressed the rights and entitlements of employees transitioning from the old agreement to the new one, and whether the new agreement was made in good faith and without coercion.

The Fair Work Commission considered the application in light of the criteria set out in the Fair Work Act. The Commission found that the proposed agreement did not adequately protect the rights and entitlements of employees transitioning from the old agreement to the new one. The Commission was also concerned that the process by which the agreement was negotiated did not fully comply with good faith bargaining requirements. Consequently, the Commission did not approve the agreement. The employer was directed to continue bargaining with the union in good faith to reach an agreement that met the statutory requirements.

The Commission's decision was based on the need to ensure that any changes to employment conditions were fair and reasonable and that the bargaining process was conducted appropriately. The employer was instructed to continue negotiations with the union to achieve a more satisfactory outcome.

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