DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2017/1046)

VEOLIA AUSTRALIA & NEW ZEALAND ERARING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BALLARAT, 28 APRIL 2017

Application for approval of the Veolia Australia & New Zealand Eraring Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Australia & New Zealand Eraring Enterprise Agreement 2016 (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 Applicant 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 24 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Veolia Australia and New Zealand T/A Veolia Environmental Services (Australia) Pty Ltd, the Fair Work Commission was asked to approve the Veolia Australia & New Zealand Eraring Enterprise Agreement 2016. The application was made by the employer under section 232 of the Fair Work Act 2009, following the negotiation of the agreement with the union, the Transport Workers Union of Australia. The union had certified the agreement as a suitable enterprise agreement for the purposes of the Act. The Commission's task was to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from coercion and undue influence.

The central legal issue was whether the agreement was a simple, genuine and workable agreement. The Commission had to consider the nature of the bargaining, the process through which the agreement was negotiated, and whether it contained terms and conditions that were fair and reasonable. The employer argued that the agreement was a genuine product of the bargaining process and that it provided for fair and reasonable terms and conditions. The union supported the employer's position, while no other party raised any objections. The Commission found that the agreement was a genuine product of the bargaining process and that it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the union had exercised its bargaining rights appropriately and that the employer had not engaged in any conduct that was likely to have a coercive effect.

The Fair Work Commission approved the Veolia Australia & New Zealand Eraring Enterprise Agreement 2016, finding it to be a genuine product of the bargaining process and that it contained terms and conditions that were fair and reasonable. The Commission considered the evidence and submissions made by the parties and was satisfied that the agreement met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was free from coercion and undue influence. The Commission noted that the agreement contained provisions for the payment of wages and other benefits, as well as provisions for the management of the workplace, including dispute resolution mechanisms. The Commission was satisfied that the agreement was a workable and practical document that would be capable of being implemented effectively in the workplace.

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