DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/1344)

VEOLIA AUSTRALIA & NEW ZEALAND HUNTER IS OUTSIDE MARKET ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 MAY 2019

Application for approval of the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2018-2021 (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 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 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 was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2018-2021. The applicant sought approval under section 238 of the Fair Work Act 2009. The dispute involved the enterprise agreement's application to certain employees who were previously covered by an expired agreement and the applicant's assertion that the new agreement would improve working conditions and efficiency.

The central legal issue was whether the enterprise agreement met the criteria for approval under the Fair Work Act, specifically whether it facilitated the improvement of pay, terms, and conditions for the employees. The applicant argued that the agreement included provisions that would lead to improved productivity and better working conditions, which would ultimately benefit the employees. The Fair Work Commission had to assess whether the agreement was in the public interest and whether it provided for the proper administration of the workplace.

The Fair Work Commission determined that the enterprise agreement met the criteria for approval. The Commission found that the agreement provided for the improvement of pay, terms, and conditions for the employees and was in the public interest. The applicant successfully demonstrated that the new agreement would lead to better working conditions and increased efficiency. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2018-2021 be approved as a registered agreement under section 238 of the Fair Work Act 2009. The approval was effective from the date of the Commission's decision, ensuring that the new agreement would apply to the relevant employees from that point forward.

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