DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/7430)

VEOLIA ARNDELL PARK SOLID WASTE ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2019

Application for approval of the Veolia Arndell Park Solid Waste Enterprise Agreement 2018.

[1] Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Veolia Arndell Park Solid Waste Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 28 March 2019 and, in accordance with s 54, will operate from 4 April 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Veolia Australia and New Zealand (VANZ), trading as Veolia Environmental Services (Australia) Pty Ltd, which applied for approval of the Veolia Arndell Park Solid Waste Enterprise Agreement 2018. The application sought to resolve the dispute concerning the conditions of employment for certain employees of the company, aiming to set out the terms of their employment in a certified agreement. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including that it provided for the proper resolution of workplace disputes and that it was fairly negotiated.

The primary legal issues before the Commission were whether the agreement provided for the proper resolution of workplace disputes, whether it was fairly negotiated, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider if the agreement provided adequate mechanisms for resolving disputes and if it was negotiated in good faith. Additionally, the Commission examined whether the agreement included all the required provisions as per the Fair Work Act, including those related to minimum entitlements, and whether it met the standards of procedural fairness.

The Commission found that the agreement met the necessary criteria for approval. It held that the agreement provided for the proper resolution of workplace disputes through its dispute resolution provisions and that it was fairly negotiated. The Commission noted the presence of mechanisms that allowed for disputes to be raised and resolved in a timely and efficient manner. It also found that the agreement complied with the Fair Work Act and included all the required provisions, including those related to minimum entitlements. Consequently, the Commission approved the Veolia Arndell Park Solid Waste Enterprise Agreement 2018.

The Fair Work Commission approved the Veolia Arndell Park Solid Waste Enterprise Agreement 2018, effective from 1 April 2018. This decision ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for the resolution of any future workplace disputes. The approval is contingent on the continued compliance with the Fair Work Act and other relevant industrial instruments.

Veolia Australia and New Zealand (VANZ) 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