| [2018] FWCA 3928 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/316)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD ILLAWARRA INDUSTRIAL SERVICES AGREEMENT 2018
Manufacturing and associated industries | |
DEPUTY PRESIDENT KOVACIC | CANBERRA, 3 JULY 2018 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Illawarra Industrial Services Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Illawarra Industrial Services 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] As noted, pursuant to s.190(3), I have accepted undertakings from Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.
[4] The Australian Workers’ Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 19 January 2021.
Printed by authority of the Commonwealth Government Printer
<AE429064 PR608667>
Annexure A
- AGLC
- Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd [2018] FWCA 3928
- Case
- [2018] FWCA 3928
- Decision Date
CaseChat Overview and Summary
The Commission examined the agreement against the legislative benchmarks, focusing on its alignment with the Fair Work Act and the National Workplace Determination. It assessed whether the agreement adequately protected employee rights and interests, and whether it facilitated fair and efficient workplace practices. The Commission also considered submissions from various stakeholders, including the parties involved and relevant unions. The decision hinged on a detailed analysis of the agreement's provisions and their implications for employee welfare and operational effectiveness.
After thorough consideration, the Commission determined that the proposed agreement did comply with the statutory requirements. The agreement was found to adequately protect employee rights while promoting productivity and efficiency in line with the legislative framework. The Commission highlighted specific provisions that ensured fairness and compliance, addressing concerns raised by the stakeholders. The final decision approved the Illawarra Industrial Services Agreement 2018, subject to certain conditions that aimed to further safeguard employee interests.
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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