DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/6795)

VEOLIA AUSTRALIA AND NEW ZEALAND GREENACRE TRANSFER STATION ENTERPRISE BARGAINING AGREEMENT 2018 - 2022

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022 (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 Employer 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] I note that Clause 22.5 (a) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 15 September 2022.

DEPUTY PRESIDENT

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 Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022. The application was opposed by the Australian Workers' Union, who argued that the proposed agreement was deficient in various respects, including that it did not provide for adequate mechanisms for the resolution of workplace disputes.

The central legal issues for the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees to whom it would apply. In particular, the Commission needed to consider whether the agreement contained appropriate dispute resolution processes, and whether it provided for a fair and reasonable method of determining the entitlements of employees.

The Commission found that the proposed agreement did not provide for adequate mechanisms for the resolution of workplace disputes, and that it did not meet the requirements of the Fair Work Act. The Commission also found that the proposed agreement was not in the best interests of the employees, as it did not provide for a fair and reasonable method of determining their entitlements. Accordingly, the Commission refused to approve the proposed agreement.

The Commission's decision was based on its finding that the proposed agreement did not provide for adequate mechanisms for the resolution of workplace disputes, and that it did not meet the requirements of the Fair Work Act. The Commission also found that the proposed agreement was not in the best interests of the employees, as it did not provide for a fair and reasonable method of determining their entitlements. The Commission therefore refused to approve the proposed agreement.

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