DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/5181)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS' UNION PORTLAND ALUMINIUM CORROSION CONTROL ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers' Union Portland Aluminium Corrosion Control Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers’ Union Portland Aluminium Corrosion Control Enterprise Agreement 2018 - 2022 (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] 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.

[5] The Agreement was approved on 7 March 2019 and, in accordance with s.54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, along with the Australian Workers' Union, applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers' Union Portland Aluminium Corrosion Control Enterprise Agreement 2018 - 2022. The application came before the Fair Work Commission for determination, with the parties contesting the procedural fairness of the bargaining process and the fairness of the agreement terms. The Fair Work Commission was required to determine whether the agreement was made in good faith and whether it met the procedural requirements of the Fair Work Act 2009.

The Fair Work Commission examined the evidence presented regarding the bargaining process and the fairness of the agreement terms. The Commission considered the bargaining process, which included the timeliness and effectiveness of the communication between the parties, and the fairness of the agreement terms, which included the wage rates, conditions, and other provisions. The Commission also considered the public interest in the approval of the agreement. After considering the evidence, the Fair Work Commission found that the agreement was made in good faith and met the procedural requirements of the Fair Work Act 2009. The Commission also found that the agreement was fair and reasonable.

In light of the findings, the Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers' Union Portland Aluminium Corrosion Control Enterprise Agreement 2018 - 2022. The approval of the agreement will provide certainty and stability to the employees covered by the agreement, as well as to the employer. The Fair Work Commission's decision provides guidance to other parties involved in enterprise bargaining and highlights the importance of good faith bargaining and the consideration of the public interest in the approval of enterprise agreements.

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