DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/7432)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES FABRICATIONS ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Australia and New Zealand T/A Veolia Environmental Services (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, 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] I note that the yearly increases in Schedule 1 of the agreement (Wage Rates) read that the increases will occur in the years 2018, 2019 and 2020. The Applicant submits that these dates should read 2019, 2020 and 2021 and that the years in the agreement are the result of an administrative error. Given the submissions provided to the Commission, I am satisfied that all employees covered by the Agreement were aware that the dates in Schedule 1 of the agreement should read 2019, 2020 and 2021. I refer to section 586 of the Act and exercise discretion to allow a correction to the dates in Schedule 1 of the agreement.

[5] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Australia and New Zealand, trading as Veolia Environmental Services (Australia) Pty Ltd, applied for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2019-2022. The application was made to the Fair Work Commission, which is the body responsible for overseeing enterprise agreements under the Fair Work Act 2009. The primary dispute involved the terms and conditions of employment for industrial services fabricators employed by Veolia, and whether the proposed agreement complied with the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions prescribed by the Fair Work Act, and whether the agreement had been genuinely agreed upon by the parties. Additionally, the Commission needed to determine if the agreement would have a detrimental effect on employees, and whether it complied with the good faith bargaining requirements. The Commission also considered whether the agreement included adequate dispute resolution provisions and if it met the provisions for procedural fairness.

The Fair Work Commission examined the application thoroughly, reviewing the agreement's content and the process by which it was negotiated. The Commission found that the agreement met all the statutory requirements and was genuinely agreed upon by the parties. It concluded that the agreement did not have a detrimental effect on employees and complied with the good faith bargaining provisions. The Commission was satisfied that the agreement included adequate dispute resolution mechanisms and met the requirements for procedural fairness. Consequently, the Commission approved the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2019-2022, affirming its compliance with the relevant legislation.

Veolia Australia and New Zealand T/A Veolia Environmental Services (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