DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/5148)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL TOMAGO AFM ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Tomago AFM Enterprise Agreement 2020.

[1] Veolia Environmental Services (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Tomago AFM Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 May 2021 and, in accordance with s 54, will operate from 28 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

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 for the Industrial Tomago AFM Enterprise Agreement 2020. The applicants aimed to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which outlined the employment conditions for workers in the Tomago Aluminium Smelter facility.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for certification and if it contained the necessary provisions for fair and equitable terms and conditions. Key considerations included whether the agreement was genuinely negotiated, if it complied with the provisions of the Fair Work Act, and whether it provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission examined the process of negotiation, the content of the agreement, and its implications for the employees. The Commission found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The Commission also considered the benefits of the agreement, including improved working conditions, and determined that the agreement met the statutory requirements for certification. The Commission approved the application and certified the agreement as a registered agreement.

The final orders of the Commission were that the Industrial Tomago AFM Enterprise Agreement 2020 be certified as a registered agreement under the Fair Work Act 2009. The agreement was to be effective from the date of certification and would govern the employment conditions of the employees covered by the agreement. The decision marked the conclusion of the application process, with the agreement now serving as a binding contract between the parties involved.

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