DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/311)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PORTLAND ALUMINIUM SWEEPER OPERATOR GREENFIELDS ENTERPRISE AGREEMENT 2018- 2022

Waste management industry
COMMISSIONER SAUNDERS	NEWCASTLE, 23 MAY 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers’ Union Portland Aluminium Sweeper Operator Greenfields 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 Sweeper Operator Greenfields 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 greenfields agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[6] 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, sought the approval of a proposed enterprise agreement with the Australian Workers’ Union, concerning the conditions of employment for sweeper operators at the Portland Aluminium facility. The application was made under the Fair Work Act 2009 and was heard in the Fair Work Commission. The dispute centred around the specifics of the proposed agreement, including wages, working conditions, and other employment terms, which the union and the employer had negotiated but required the Commission’s approval to become legally binding.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set forth in the Fair Work Act, particularly ensuring that it provided a safety net for employees and did not undermine the minimum protections available under the National Employment Standards and other award entitlements. The Commission had to consider the fairness of the agreement, examining whether it contained provisions that were necessary or appropriate to facilitate the efficient operation of the enterprise and whether it complied with the principles of procedural fairness.

In reaching its decision, the Commission examined the details of the agreement, including the rates of pay, leave entitlements, and other conditions of employment. The Commission found that the agreement contained provisions that provided a safety net for employees, ensuring they received at least the minimum protections available under the law. The Commission also considered the need for the provisions to be necessary or appropriate to facilitate the efficient operation of the enterprise. After reviewing the submissions and evidence provided by both parties, the Commission was satisfied that the agreement met the legal requirements and approved the application.

As a result of the decision, the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers’ Union Portland Aluminium Sweeper Operator Greenfields Enterprise Agreement 2018 - 2022 was approved, and the terms and conditions set out in the agreement became binding on the parties from the date of the Commission’s decision. The approval of this agreement provides a framework for the employment of sweeper operators at the Portland Aluminium facility, ensuring that both the employer and the employees have clear and legally enforceable terms of employment.

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