DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/2159)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES FABRICATIONS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2018 (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

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 brought an application before the Fair Work Commission seeking approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2018. The application arose from a dispute between the employer and the Australian Manufacturing Workers' Union, which represents some of the employees. The central issue in the application was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees it covered, and if it complied with the provisions of the Act.

The Commission began its analysis by considering the nature of the agreement and the bargaining process that led to its creation. The application included extensive submissions from both parties, along with evidence regarding the negotiations and the contents of the agreement. The employer argued that the agreement was fair and balanced, providing reasonable terms and conditions of employment. Conversely, the union contended that certain provisions were unfavourable to employees and did not adequately represent their interests. The Commission examined the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. It also considered whether the agreement provided for fair dispute resolution mechanisms and adequate protection against adverse action.

After a thorough review, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement was in the best interests of the employees, considering the context of the bargaining process and the overall terms and conditions provided. The Commission also concluded that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to procedural fairness and the protection of employees' rights. The Commission noted that while some provisions were contentious, the overall balance of the agreement was fair and reasonable. Based on these findings, the Commission approved the agreement, allowing it to come into effect as a registered enterprise agreement.

The final orders of the Commission included the approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2018, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved terms. The decision provided clarity and finality to the dispute, ensuring that the agreement would govern the employment conditions of the relevant employees moving forward.

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