DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/3625)

VEOLIA ARNDELL PARK MAINTENANCE ENTERPRISE AGREEMENT 2019-2023

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 30 OCTOBER 2019

Application for approval of the Veolia Arndell Park Maintenance Enterprise Agreement 2019-2023.

[1] Application has been made for approval of a single enterprise agreement known as the Veolia Arndell Park Maintenance Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services (Australia) Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Veolia Environmental Services (Australia) Pty Ltd, who sought approval for their proposed Enterprise Agreement, known as the Veolia Arndell Park Maintenance Enterprise Agreement 2019-2023. The applicant's employees, represented by a union, contested the application, arguing that the proposed agreement did not meet the legal requirements for fair and effective workplace agreements. The Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and other relevant legislation.

The central legal issues addressed by the Commission included whether the proposed agreement contained all the required terms as per the Fair Work Act, whether it was procedurally fair, and if it provided for genuine bargaining between the parties. Specifically, the Commission examined the agreement's provisions on wages, conditions, dispute resolution, and other employment terms to ensure they met the standards of procedural fairness and substantive fairness.

After reviewing the arguments and evidence presented by both parties, the Commission found that the proposed agreement was procedurally sound and contained all the necessary terms as per the Fair Work Act. The Commission was satisfied that there had been genuine bargaining between the parties, and the terms of the agreement were fair and reasonable. Consequently, the Commission approved the Veolia Arndell Park Maintenance Enterprise Agreement 2019-2023, determining that it met the legal requirements and was in the best interests of the employees.

The final orders of the Commission included the approval of the Veolia Arndell Park Maintenance Enterprise Agreement 2019-2023, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the employees covered by the agreement. The Commission also ordered that the parties were to comply with all relevant provisions of the Fair Work Act and other applicable legislation.

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