DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2020/806)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD VIVA ENERGY REFINERY AWU AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 APRIL 2020

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Viva Energy Refinery AWU Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Viva Energy Refinery AWU Agreement 2020-2023 (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 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. The undertakings are 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 ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Veolia Environmental Services (Australia) Pty Ltd for the approval of the Viva Energy Refinery AWU Agreement 2020-2023. The Australian Workers’ Union was a party to the agreement, representing employees working in the refinery. The dispute centred on the fairness and appropriateness of the terms and conditions set forth in the agreement.

The primary legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it was in the best interests of the employees and whether it was fair and reasonable. This involved scrutinising the terms of the agreement, including wages, working conditions, and other employment-related matters, to determine if they complied with the Act and were fair and reasonable in the circumstances.

In its decision, the court examined the evidence presented by both parties and the terms of the agreement. The court found that the agreement was fair and reasonable, taking into account the context of the industry and the specific working conditions at the refinery. The court considered the overall benefits provided by the agreement, including wage increases and improved working conditions, and concluded that these benefits outweighed any potential drawbacks. The court determined that the agreement was in the best interests of the employees and approved it accordingly.

The final orders of the court were that the Viva Energy Refinery AWU Agreement 2020-2023 be approved and registered with the Fair Work Commission. This decision ensures that the terms of the agreement will be legally binding and enforceable between the parties.

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