Veolia Environmental Services

[2014] FWCA 8502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2014/7911)

VEOLIA ENVIRONMENTAL SERVICES INDUSTRIAL SERVICES TOMAGO ALUMINIUM NSW UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 28 NOVEMBER 2014

Application for approval of the Veolia Environmental Services Industrial Services Tomago Aluminium NSW Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Industrial Services Tomago Aluminium NSW Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Douglas Limited. The agreement is a single enterprise agreement.

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

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 25 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services Pty Ltd sought approval of the Veolia Environmental Services Industrial Services Tomago Aluminium NSW Union Collective Agreement 2014. The applicant sought approval for the agreement under section 232 of the Fair Work Act 2009. The union, Health Services Union of Australia, opposed the application, arguing that the agreement did not meet the requirements of section 230 of the Act.

The primary legal issue was whether the agreement met the criteria for approval under section 232 of the Act. This involved examining whether the agreement provided for a safety net of minimum rates of pay and conditions, and whether it was consistent with the national system of industrial determination. Additionally, the court needed to consider if the agreement contained any provisions that were contrary to public policy.

The Commission found that the agreement did provide for a safety net of minimum rates of pay and conditions, and was consistent with the national system of industrial determination. The Commission also found that there were no provisions in the agreement that were contrary to public policy. Consequently, the Commission approved the agreement under section 232 of the Act.

The final orders of the Commission were that the Veolia Environmental Services Industrial Services Tomago Aluminium NSW Union Collective Agreement 2014 be approved under section 232 of the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision until such time as it was varied or replaced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established