DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/6553)

VEOLIA ENVIRONMENTAL SERVICES BLUESCOPE HASTINGS & AWU AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 17 AUGUST 2021

Application for approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2021. The applicant, Veolia Environmental Services (Australia) Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The Australian Workers' Union (AWU) and BlueScope Hastings were the other parties involved in the dispute. The AWU represented employees working for Veolia in the BlueScope Hastings steelworks facility, while BlueScope Hastings was the employer of the employees. The nature of the dispute involved the terms and conditions of employment, including wages, hours of work, leave entitlements, and other matters related to the employment relationship.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and provided a safety net of minimum terms and conditions. Additionally, the Commission had to assess whether the agreement provided for a proper balance between the interests of employees and employers, taking into account the economic and social context of the industry. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee rights.

The Commission considered the submissions and evidence presented by the parties and found that the proposed agreement met the criteria for approval. The Commission noted that the agreement provided for a safety net of minimum terms and conditions, which was in the best interests of the employees. The Commission also found that the agreement provided for a proper balance between the interests of employees and employers, taking into account the economic and social context of the industry. Furthermore, the Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee rights. Based on these findings, the Commission approved the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2021.

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