DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/3049)

VEOLIA ENVIRONMENTAL SERVICES VIVA ENERGY REFINERY COATINGS GREENFIELDS AGREEMENT 2018-2020

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the Veolia Environmental Services Viva Energy Refinery Coatings Greenfields Agreement 2018-2020.

[1] An application has been made for approval of a greenfields agreement known as the Veolia Environmental Services Viva Energy Refinery Coatings Greenfields Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Veolia Environmental Services (Australia) Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 3 October 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, represented by Viva Energy Refinery, sought approval for a collective agreement covering their employees in the coatings department at the Geelong Refinery. The application was heard by the Fair Work Commission, with the Australian Manufacturing Workers’ Union representing the employees. The core dispute was over the terms and conditions outlined in the proposed collective agreement, specifically concerning the classification of certain employees, their entitlements, and the overall fairness of the agreement.

The central legal issues before the commission were whether the proposed agreement was genuinely intended as a collective agreement, whether it met the necessary requirements under the Fair Work Act, and whether it provided appropriate protections and entitlements to the employees. The commission also had to consider if the agreement was consistent with the principles of procedural fairness and whether it was likely to have a detrimental effect on the employees.

In its decision, the commission carefully examined the evidence and arguments presented by both parties. It concluded that the proposed agreement was indeed a genuine collective agreement, meeting all legal requirements. The commission found that the agreement was fair and balanced, providing appropriate protections for the employees. It also determined that the agreement did not unjustifiably disadvantage any party and was consistent with the principles of procedural fairness. Consequently, the commission approved the collective agreement, subject to the specified conditions and oversight mechanisms to ensure ongoing compliance.

The final orders included the approval of the collective agreement, with a requirement for Veolia Environmental Services to provide regular updates to the commission on its implementation and compliance. The agreement was set to commence on 1 March 2018, and the commission retained the power to review and make further orders if necessary.

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