DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/1271)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD SA & NT MECHANICS ENTERPRISE AGREEMENT 2019 - 2022

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 JUNE 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2019-2022.

[1] Veolia Environmental Services (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 June 2019 and, in accordance with s 54, will operate from 19 June 2019. The nominal expiry date of the Agreement is 12 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2019-2022. The application was opposed by the Australian Manufacturing Workers' Union. The central dispute focused on the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to decide included whether the agreement was a "better off overall test" (BOOT) agreement, as required by the Fair Work Act, and whether it provided for minimum entitlements as stipulated by the Act. The Commission also needed to assess whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act. Furthermore, the Commission considered the balance of the agreement in terms of fairness and reasonableness, and whether it adequately represented the interests of the employees and the employer.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the BOOT requirement and provided for minimum entitlements as mandated by the Fair Work Act. The Commission also concluded that the agreement was made in compliance with the procedural requirements of the Act and was fair and reasonable. The Commission approved the agreement, emphasising its balanced approach to the needs and interests of both the employees and the employer. The decision was based on comprehensive evidence and submissions presented by both parties, ensuring that the agreement was comprehensive and met all legal standards.

The final orders of the Fair Work Commission were that the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would be binding on the parties and would set the terms and conditions of employment for the relevant employees during the specified period. The decision ensured that the agreement was legally sound and met the statutory requirements for registration.

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