| [2018] FWCA 7473 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/3228)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) NSW INDUSTRIAL SERVICES FACILITIES MANAGEMENT (GREENFIELD) ENTERPRISE AGREEMENT 2018
| Cleaning services | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 7 DECEMBER 2018 |
Application for approval of the Veolia Environmental Services (Australia) NSW Industrial Services Facilities Management (Greenfield) Enterprise Agreement 2018.
An application has been made for approval of a greenfields agreement known as the Veolia Environmental Services (Australia) NSW Industrial Services Facilities Management (Greenfield) Enterprise Agreement 2018 (the Agreement). The application was made by Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 31 March 2021.
COMMISSIONER
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Annexure A
- AGLC
- Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd [2018] FWCA 7473
- Case
- [2018] FWCA 7473
- Decision Date
CaseChat Overview and Summary
The Commission examined the bargaining process and contents of the agreement to ensure it met the legal criteria. The court assessed whether the agreement was negotiated in good faith, provided adequate minimum entitlements, and did not undermine the operation of the Fair Work Act. After reviewing the evidence and submissions, the Commission concluded that the agreement was fairly negotiated, contained appropriate minimum entitlements, and did not contravene the Fair Work Act. The Commission approved the agreement, finding it met the necessary legal standards.
The Fair Work Commission granted approval of the Veolia Environmental Services (Australia) NSW Industrial Services Facilities Management (Greenfield) Enterprise Agreement 2018, affirming its compliance with the Fair Work Act 2009. The court determined that the agreement was appropriately negotiated and provided for the necessary minimum entitlements without undermining the operation of the Act. The decision stands as a confirmation of the agreement's validity and enforceability under Australian labour law.
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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