| [2018] FWCA 5685 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Australia and New Zealand T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/1784)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NSW UPPER HUNTER INDUSTRIAL SERVICES ENTERPIRSE AGREEMENT 2018
Manufacturing and associated industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 10 SEPTEMBER 2018 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial Services Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial Services Enterprise Agreement 2018 (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, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 10 September 2018 and, in accordance with s.54, will operate from 17 September 2018. The nominal expiry date of the Agreement is 31 December 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500086 PR700251>
Annexure A
- AGLC
- Veolia Australia and New Zealand T/A Veolia Environmental Services (Australia) Pty Ltd [2018] FWCA 5685
- Case
- [2018] FWCA 5685
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address included whether the agreement met the "better off overall test" and whether it contained all the mandatory terms prescribed by the Fair Work Act. The court also had to consider if the agreement was made in good faith and whether proper consultation processes were followed during its negotiation. Furthermore, the court examined the implications of the agreement on employees' rights and obligations.
The court concluded that the agreement was fair and compliant with the statutory requirements. The better off overall test was satisfied as the agreement provided employees with benefits that were, on balance, better than those provided by the relevant award. The court found that all mandatory terms were included and that the negotiation process adhered to good faith principles. Consequently, the court approved the agreement, finding it to be fair and appropriate for the employees involved. The final orders confirmed the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant workers.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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