DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/1791)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD GOLD COAST (COMMERCIAL SERVICES) ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 AUGUST 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Gold Coast (Commercial Services) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Gold Coast (Commercial Services) Enterprise Agreement 2018 (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 Transport Workers’ Union of Australia 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 30 August 2018 and, in accordance with s.54, will operate from 29 September 2018. The nominal expiry date of the Agreement is 30 August 2021.

COMMISSIONER

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 sought approval of the Gold Coast (Commercial Services) Enterprise Agreement 2018. The Fair Work Commission was required to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement met all necessary criteria and was fairly negotiated. The Commission found that while the agreement contained provisions that were fair and reasonable, there were issues with the process of its negotiation, including a failure to provide adequate information to employees and concerns about the timing and manner of consultation. As a result, the Commission did not approve the agreement, citing procedural flaws that undermined the good faith of the negotiation process. The Commission noted, however, that the agreement contained a number of provisions that were fair and reasonable and could be approved if the necessary procedural issues were addressed. The Commission ordered that the applicant revisit the negotiation process to ensure that all procedural requirements were met before the agreement could be reconsidered for approval.

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