DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2016/2509)

VEOLIA INDUSTRIAL SERVICES (WA) INTEGRATED SERVICES ENTERPRISE AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2016

Application for approval of the Veolia Industrial Services (WA) Integrated Services Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Industrial Services (WA) Integrated Services Enterprise Agreement 2016 – 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 31 March 2016 and, in accordance with s.54, will operate from 7 April 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, sought approval of the Veolia Industrial Services (WA) Integrated Services Enterprise Agreement 2016 - 2020 from the Fair Work Commission. The applicant's employees, who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were parties to the agreement. The dispute centred around the approval of the agreement under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement met the requirements for approval under the Fair Work Act, including whether it contained the mandatory terms and conditions, and whether it was in the best interests of the employees. Additionally, the court needed to determine if the agreement provided a safety net for employees and if it was free from any illegality or unfairness.

The court found that the agreement met all the statutory requirements for approval. It contained the mandatory terms and conditions, was in the best interests of the employees, provided a safety net, and was free from any illegality or unfairness. The court also considered the process by which the agreement was negotiated and concluded that it was fair and reasonable. The court approved the agreement, highlighting that it balanced the interests of both the employer and the employees effectively.

The Fair Work Commission approved the Veolia Industrial Services (WA) Integrated Services Enterprise Agreement 2016 - 2020, confirming its compliance with the statutory requirements and its fairness. The approval was based on the comprehensive review of the agreement's terms and the process through which it was negotiated. The decision underscored the importance of such agreements in ensuring fair and balanced outcomes for both employers and employees within the regulatory framework provided by the Fair Work 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