Veolia Environment Services (Australia) Pty Ltd

[2013] FWCA 2130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environment Services (Australia) Pty Ltd
(AG2013/661)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD - GLADSTONE ALUMINIUM ENTERPRISE AGREEMENT 2012-2014

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd - Gladstone Aluminium Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd - Gladstone Aluminium Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environment Services (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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] The Australian Workers’ Union, 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 AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environment Services (Australia) Pty Ltd applied for the Fair Work Commission's approval of the Veolia Environmental Services (Australia) Pty Ltd - Gladstone Aluminium Enterprise Agreement 2012-2014. The applicant, Veolia, is an employer that operates in the Gladstone Aluminium industry. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, including wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to assess if the agreement met the criteria for "better off overall" and whether it adhered to the process requirements for employee consultation and approval. The Commission had to consider whether the agreement was negotiated in good faith and if it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was negotiated in good faith and met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment, as it included provisions for wages, working hours, and other employment-related matters. The Commission also concluded that the agreement was better off overall for the employees, as it provided for a fair and reasonable increase in wages and improved working conditions. The Commission approved the enterprise agreement, finding that it complied with the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd - Gladstone Aluminium Enterprise Agreement 2012-2014, subject to the conditions outlined in the decision. The approval was effective from the date of the decision, and the agreement was to be implemented in accordance with its terms. The decision provided clarity on the statutory requirements for enterprise agreements and reinforced the importance of good faith negotiation and fair terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established