VEOLIA WATER OPERATIONS PTY LTD - FAIRFIELD RECYCLED WATER PLANT ENTERPRISE AGREEMENT 2026

Application for approval of the Veolia Water Operations Pty Ltd - Fairfield Recycled Water Plant Enterprise Agreement 2026

[1] Veolia Water Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd - Fairfield Recycled Water Plant Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Water Industry Award 2020 (the Award).

Sufficient Interest and Sufficiently Representative

[3] The F17 Declaration submitted by the Employer did not include information about whether employees have a sufficient interest in the terms of the agreement or were sufficiently representative of the employees it intends to cover. Consequently, the Commission was unable to make a determination about these matters.

[4] The Employer subsequently provided written submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees requested to approve the agreement by voting for it have a sufficient interest in the terms of the Agreement and are sufficiently representative.

[5] In their application, the Employer indicated that 2 out of the 4 employees come from a non-English speaking background. It was unclear as to how the Employer took reasonable steps to ensure the explanation of the Agreement was provided in an appropriate manner taking into account the particular circumstances and needs of all employees.

[6] The Employer provided submissions about how the terms and effects of the Agreement were explained to employees. I am satisfied having regard to those submissions that the requirements of s. 180(5) of the Act have been met.

[7] The Agreement contains a delegates' rights term at Clause 35. When compared to the Award, the Agreement term appears less favourable as it appears to be silent on the right of representation for particular matters, the entitlement to reasonable communication and the entitlement to reasonable access to the workplace and workplace facilities. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found in Schedule 2.

[8] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award:

1. Clause 11 provides for a consolidated salary which includes overtime of up to 169 hours per year, public holiday loadings, annual leave loading, and some allowances. This appears to operate as an annualised salary, which the rates are high enough to compensate for. However, it is unclear whether the salary is intended to include shift work, as the Agreement is silent on shift penalties as contained in clause 21 of the Award. Issues would arise in weeks where employees are required to work public holidays, the included overtime, and shift work. The Employer submitted that current rostering on site consists exclusively of a standard 7.6 hour per day, Monday to Friday format, that there is no intention to introduce shift work, and that there are there no foreseeable circumstances where employees would be required to perform shift work. I am satisfied, based on the submissions of the Employer, that shiftwork is not reasonably foreseeable for the purpose of s.193A(6) of the Act.

2. Clause 17.2 provides that 'employees rostered on a call on a 4-week cycle will receive additional payment for overtime after 13 hours of overtime being worked during the on-call week in accordance with this clause 17'. However, Clause 17 only provides overtime penalties for weekend and public holiday work. By contrast, clause 20.2 of the Award provides that from Monday to Saturday, employees receive 150% for the first 2 hours and 200% thereafter, when working outside the span of hours or in excess of maximum ordinary hours. It is unclear if these penalties still apply when working more than 13 hours of overtime as compensated by the consolidated salary, from Monday to Friday. Rates of pay may not be high enough compensate in particular for a Grade 1 employee when working overtime beyond 13 hours in a 4-week cycle. The Employer submitted that grade 1 employees are engaged as trainees and that, trainees are not required to participate in on-call roster or work.

3. The Agreement refers to part-time and casual employees at clause 32 in relation to termination of employment. However, the Agreement does not provide any other entitlements in relation to these employees.

[9] The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached in Schedule 3 of the Agreement. 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.

[10] 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.

[11] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[12] In accordance with s.201(2), I note that the Agreement covers the AMWU.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2026. The nominal expiry date of the Agreement is 31 December 2028.

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