DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valoriza Environmental Services Pty Ltd
(AG2021/6850)

VALORIZA ENVIRONMENTAL SERVICES PTY LTD WASTE PROCESSING PLANT ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the Valoriza Environmental Services Pty Ltd Waste Processing Plant Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Valoriza Environmental Services Pty Ltd Waste Processing Plant Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valoriza Environmental Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 1 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valoriza Environmental Services Pty Ltd applied to the Fair Work Commission for approval of the 2021 Waste Processing Plant Enterprise Agreement. The application was made under section 233 of the Fair Work Act 2009, as the agreement had been negotiated and the requisite majority of employees had voted in favour of the agreement. The application was contested by the Australian Manufacturing Workers’ Union. The union's primary contention was that the agreement did not adequately protect the rights of employees to bargain collectively and that it did not provide sufficient protections for certain employees, particularly those on casual contracts.

The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act, including whether it provided for a direct and effective means of addressing employees’ workplace issues and disputes, and whether it facilitated a productive workplace relationship between the employer and employees. The Commission also needed to assess whether the agreement adequately protected the rights of casual employees and whether it provided for adequate dispute resolution mechanisms.

The Commission found that the agreement did provide for a direct and effective means of addressing workplace issues and disputes. It also found that the agreement facilitated a productive workplace relationship between the employer and employees, as it provided for a clear and fair process for addressing disputes and for making changes to the agreement in the future. The Commission also found that the agreement provided adequate protections for casual employees, including provisions for conversion to permanent employment and for equal treatment in terms of entitlements and benefits. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission's decision was final and binding, and the agreement was approved for registration.

Valoriza Environmental Services 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