DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environment Services (Australia) Pty Ltd T/A Veolia Environment Services
(AG2014/9055)

VEOLIA ENVIRONMENTAL SERVICES [TASMANIA] AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Veolia Commercial Services [Tasmania] Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Commercial Services [Tasmania] Agreement 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 T/A Veolia Environment Services. 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 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.

[5] The Agreement was approved on 12 December 2014 and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environment Services (Australia) Pty Ltd, trading as Veolia Environment Services, applied to the Fair Work Commission for approval of the Veolia Commercial Services (Tasmania) Agreement 2014. The dispute centred on whether the proposed agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of minimum entitlements and the balance of power between the employer and the employees.

The court needed to determine if the agreement provided fair and reasonable terms that were not worse off than the relevant national workplace determinations. This included assessing the agreement's provisions on wages, leave, penalties, and other conditions of employment. Additionally, the court had to consider whether the agreement allowed for genuine collective bargaining and if it adhered to the principles of good faith.

In its decision, the Fair Work Commission found that the Veolia Commercial Services (Tasmania) Agreement 2014 did meet the statutory requirements. The agreement was deemed to provide fair and reasonable terms for the employees, ensuring that they were not worse off than the relevant national workplace determinations. The court also found that the agreement allowed for genuine collective bargaining and adhered to the principles of good faith. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the Veolia Commercial Services (Tasmania) Agreement 2014 be approved and registered. This approval meant that the agreement could be implemented as a registered agreement under the Fair Work Act 2009, governing the terms and conditions of employment for the affected employees.

Veolia Environment Services (Australia) Pty Ltd T/A Veolia Environment Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established