| [2017] FWCA 4640 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2017/1358)
VEOLIA ENVIRONMENTAL SERVICES ARNDELL PARK MAINTENANCE ENTERPRISE AGREEMENT 2016
Waste management industry | |
COMMISSIONER GREGORY | MELBOURNE, 7 SEPTEMBER 2017 |
Application for approval of the Veolia Environmental Services Arndell Park Maintenance Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Arndell Park Maintenance 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 (VANZ) 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 30 June 2019.
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ANNEXURE A
- AGLC
- Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd [2017] FWCA 4640
- Case
- [2017] FWCA 4640
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC centred on whether the proposed agreement complied with the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must ensure employees are not worse off in terms of their existing conditions of employment. This included ensuring that the proposed agreement provided for fair and reasonable terms and conditions, and whether any detriments to employees were justified. Additionally, the FWC needed to assess whether the agreement was made in good faith and whether there was genuine bargaining between the parties.
In its decision, the FWC found that the proposed agreement met the criteria for approval. The Commission considered the terms of the agreement and the submissions from both parties. It was determined that the proposed agreement did not result in employees being worse off, and that any changes to the terms and conditions were reasonable and fair. The FWC noted that the agreement included provisions for pay increases, improved leave entitlements, and enhanced health and safety measures, which were deemed beneficial to the employees. Furthermore, the FWC was satisfied that the agreement was made in good faith and that there was genuine bargaining between the parties.
The FWC approved the Veolia Environmental Services Arndell Park Maintenance Enterprise Agreement 2016, confirming its compliance with the Fair Work Act. The agreement was registered, and it will now govern the employment conditions of the employees at the Arndell Park Maintenance facility.
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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