DECISION

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

Veolia Environmental Services
(AG2014/10351)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES FABRICATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JANUARY 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2014.

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

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 16 January 2015. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd sought approval of its 2014 Industrial Services Fabrications Enterprise Agreement. The agreement aimed to regulate the terms and conditions of employment for its employees, including those in the industrial services fabrications sector. The primary dispute centred on the procedural fairness of the agreement's negotiation and the adequacy of its provisions in line with the Fair Work Act 2009. The Commission was required to determine whether the agreement was fairly negotiated and if its terms were in compliance with the statutory requirements.

The legal issues before the Commission involved assessing the fairness of the negotiation process and whether the agreement complied with the procedural and substantive fairness standards under the Fair Work Act. The Commission had to examine whether the parties genuinely negotiated the agreement and if the terms reflected a fair and reasonable outcome for the employees. Additionally, the Commission needed to ensure that the agreement did not disadvantage employees in a manner contrary to the Act's objectives.

The Commission found that the agreement was negotiated in good faith and adhered to the principles of procedural fairness. It noted that Veolia Environmental Services had engaged in genuine negotiations with the relevant employee representatives. The Commission concluded that the agreement's terms were fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Commission's decision was made in light of the evidence presented and the statutory obligations under the Fair Work Act. The approval of the agreement was contingent on the maintenance of its compliance with the Act's provisions. The Commission emphasised the importance of continued compliance and monitoring of the agreement's application to ensure it met the legislative standards.

Veolia Environmental Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established