DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/5178)

VEOLIA ENVIRONMENTAL SERVICES PTY LTD INDUSTRIAL SERVICES TOMAGO ALUMINIUM NSW UNION COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JANUARY 2019

Application for approval of the Veolia Environmental Services Pty Ltd Industrial Services Tomago Aluminium NSW Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Pty Ltd Industrial Services Tomago Aluminium NSW Union Collective Agreement 2017 (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, and on the basis of the material contained in the application and 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 January 2019 and, in accordance with s.54, will operate from 24 January 2019. The nominal expiry date of the Agreement is 25 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Industrial Services Tomago Aluminium NSW Union Collective Agreement 2017. The application was before the Fair Work Commission, which had to decide whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the court were whether the agreement complied with the relevant provisions of the Act and whether it was appropriate to approve it. The court found that the agreement met the requirements of the Act and was appropriate to approve. It satisfied the provisions of the Act regarding the coverage of the agreement, the bargaining process, and the content of the agreement. The court also found that the agreement provided for appropriate terms and conditions for the employees covered by it and that it was in the best interests of the employees and employers. The court approved the agreement, which will now be a registered agreement under the Act.

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