DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2016/3632)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD FACILITIES MANAGEMENT AWU ENTERPRISE AGREEMENT 2016 - 2018

Waste management industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Facilities Management AWU Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the Veolia Environmental Services (Australia) Pty Ltd Facilities Management AWU Enterprise Agreement 2016 - 2018 (Agreement). The application was made by Veolia Environmental Services (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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.

[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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval from the Fair Work Commission for the Facilities Management AWU Enterprise Agreement 2016 - 2018. The applicant argued that the agreement met the requirements of the Fair Work Act 2009. The Australian Workers' Union, as the representative for the employees, also supported the application. The primary legal issues before the court involved whether the agreement complied with the mandatory provisions of the Fair Work Act and whether it was made in good faith.

The court examined the agreement's provisions concerning pay rates, classification, and other employment conditions. It assessed whether the agreement provided a safety net of minimum entitlements and whether it met the 'better off overall test'. The court also considered the process by which the agreement was made, including whether there was adequate consultation and negotiation between the parties. Ultimately, the court found that the agreement was fair and reasonable and that it complied with the statutory requirements.

After reviewing the evidence and submissions, the court approved the application for the agreement's registration. The court was satisfied that the agreement met the necessary criteria under the Fair Work Act and provided for fair and reasonable terms for the employees. The court highlighted the importance of the agreement's provisions and the process by which it was made. The final orders of the court confirmed the approval of the Facilities Management AWU Enterprise Agreement 2016 - 2018.

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