DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2017/4629)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) HORSLEY PARK WASTE MANAGEMENT FACILITY ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 5 JANUARY 2018

Application for approval of the Veolia Environmental Services (Australia) Horsley Park Waste Management Facility Enterprise Agreement 2017.

[1] On 4 October 2017 Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd (Applicant) made an application for approval of the Veolia Environmental Services (Australia) Horsley Park Waste Management Facility Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 January 2018. The nominal expiry date of the Agreement is 15 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd recently sought approval for the Veolia Environmental Services (Australia) Horsley Park Waste Management Facility Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement appropriately dealt with the employees' pay and conditions and whether it had been genuinely negotiated and agreed upon by the parties.

The Commission examined the agreement's provisions on wages, allowances, leave, and other employment terms. It also considered whether the agreement complied with the applicable minimum standards and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission assessed whether the agreement had been genuinely negotiated and whether the parties had genuinely agreed to the terms. In reaching its decision, the Commission gave weight to the submissions from both the employer and the union, as well as the evidence presented.

After considering the arguments and evidence, the Commission approved the agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment, met the requirements for genuine negotiation, and did not contravene any minimum standards. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for effective dispute resolution mechanisms. The approval of the agreement means that it will now form the basis of employment for the workers covered by the enterprise 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