DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/1066)

VEOLIA ENVIRONMENTAL SERVICES PTY LTD TOMAGO REFRACTORIES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JULY 2018

Application for approval of the Veolia Environmental Services Pty Ltd Tomago Refractories Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Pty Ltd Tomago Refractories 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd and the Transport Workers Union of Australia. The dispute was an application for the approval of the Veolia Environmental Services Pty Ltd Tomago Refractories Enterprise Agreement 2018. The Fair Work Commission was the court that presided over the matter.

The primary legal issues that the court had to address were whether the application for approval was properly made and if the agreement met the requirements of the Fair Work Act 2009. The court had to consider if the agreement was in the public interest, if it provided for minimum terms and conditions, and if it had been made in good faith.

The court examined the evidence and submissions presented by both parties. It found that the application for approval was correctly made and that the agreement met the necessary requirements. The court was satisfied that the agreement was in the public interest, provided for minimum terms and conditions, and was made in good faith. Therefore, the court approved the Veolia Environmental Services Pty Ltd Tomago Refractories Enterprise Agreement 2018.

As a result of the court's decision, the Veolia Environmental Services Pty Ltd Tomago Refractories Enterprise Agreement 2018 was approved and came into effect. The agreement now governs the terms and conditions of employment for the relevant employees, as specified in the 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