DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2016/8093)

VEOLIA ENVIRONMENTAL SERVICES CLYDE TRANSFER STATION ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2017

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Clyde Transfer Station 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 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) 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 16 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues were whether the agreement appropriately covered the enterprise, the terms were procedurally fair, and if the agreement provided minimum entitlements as required by law.

The Commission considered the procedural fairness of the agreement, noting that the agreement was the product of genuine collective bargaining between the employer and the union. The Commission found that the employer had provided sufficient information and opportunities for the union to negotiate. The Commission also found that the agreement met the criteria for approval, including providing minimum entitlements as stipulated by the Fair Work Act. The Commission noted that the agreement covered the necessary employees and contained all required terms and conditions of employment.

The Commission approved the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2016, finding it to be procedurally fair and compliant with statutory requirements. The decision confirmed that the agreement was a valid and enforceable enterprise agreement under the Fair Work Act. The Transport Workers Union of Australia's objections were dismissed. The Commission's approval was based on its satisfaction that the agreement was fairly negotiated and met all necessary legislative criteria.

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