DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2017/4535)

VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO – REACTOR ENTERPRISE AGREEMENT 2017

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

Application for approval of the VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO – REACTOR ENTERPRISE AGREEMENT 2017.

[1] An application has been made for approval of an enterprise agreement known as the VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO – REACTOR ENTERPRISE AGREEMENT 2017 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd, the Fair Work Commission was tasked with considering the approval of the VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO – REACTOR ENTERPRISE AGREEMENT 2017. The dispute arose from a negotiation between the employer, Veolia Australia and New Zealand (VANZ), and the relevant employees over the terms of the proposed enterprise agreement. The employees, represented by the Australian Manufacturing Workers' Union, sought approval for the agreement which aimed to govern their employment conditions. The legal issues before the court centred on whether the proposed enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it complied with the procedural requirements for its approval.

The court's analysis involved a detailed examination of the terms and conditions outlined in the proposed enterprise agreement. The court considered the fairness of the agreement, including the balance of benefits and detriments to the employees, and whether the agreement promoted higher wages and better working conditions. Furthermore, the court assessed if the agreement was made in good faith and if it complied with the procedural requirements, such as the provision of necessary information and the opportunity for employees to be represented. The court also evaluated the context of the agreement, including the bargaining history and the nature of the enterprise.

The court concluded that the proposed enterprise agreement met the necessary criteria for approval. It found that the agreement was fair and reasonable, providing benefits to the employees that outweighed any detriments. The court was satisfied that the agreement was made in good faith and that the procedural requirements were met. Consequently, the Fair Work Commission approved the VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO – REACTOR ENTERPRISE AGREEMENT 2017. The final orders included the formal approval of the agreement, which would now govern the employment conditions of the relevant employees.

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