DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2016/6750)

VEOLIA CAMERON PARK SOLID WASTE ENTERPRISE AGREEMENT 2016

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Veolia Cameron Park Solid Waste Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Cameron Park Solid Waste 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, 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 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.

[5] The Agreement was approved on 22 December 2016 and, in accordance with s.54, will operate from 29 December 2016. The nominal expiry date of the Agreement is 1 July 2018.

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 Cameron Park Solid Waste Enterprise Agreement 2016. The applicant is an employer engaged in the waste management industry, and the application concerns the terms and conditions of employment for its employees. The matter was heard by the Fair Work Commission, a body established under the Fair Work Act 2009 to provide a streamlined process for the resolution of workplace disputes.

The central legal issue for the Commission to determine was whether the proposed agreement met the requirements of section 232 of the Fair Work Act, which mandates that enterprise agreements must provide for fair and reasonable terms and conditions. This involved assessing the agreement against criteria such as whether it provided for minimum rates of pay, entitlements, and conditions that were no less favourable than the applicable modern award or the National Employment Standards. The Commission also needed to consider if the agreement had been made in good faith and whether it was appropriately certified.

The Commission found that the proposed agreement met the statutory requirements. It confirmed that the agreement provided for terms and conditions that were at least as favourable as the applicable modern award and the National Employment Standards. The Commission was satisfied that the agreement had been made in good faith and was appropriately certified. Consequently, the Commission approved the Veolia Cameron Park Solid Waste Enterprise Agreement 2016, as it complied with the necessary legislative provisions.

The final orders of the Commission were that the Veolia Cameron Park Solid Waste Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act. This decision allows the terms and conditions set out in the agreement to apply to the employees covered by the agreement, ensuring that they are governed by a legally recognised framework.

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