DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/4696)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PORTLAND ALUMINIUM CORROSION CONTROL GREENFIELDS ENTERPRISE AGREEMENT 2015-2018

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 1 SEPTEMBER 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd and the Australian Workers’ Union Portland Aluminium Corrosion Control Greenfields Enterprise Agreement 2015-2018.

[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 Corrosion Control Greenfields Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services (Australia) Pty Ltd. The agreement is a greenfields agreement.

[2] On 280 August 2015 an undertaking was provided by Mr S Tori, the Company’s Group General Manager Vic/Tas, in relation to clause 23.1.1(c) (Loading On Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied each of the requirements of ss.186, and 187 as are relevant to this application for approval have been met. I am satisfied that 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2015. The nominal expiry date will be 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Veolia Environmental Services (Australia) Pty Ltd for approval of an enterprise agreement with the Australian Workers’ Union. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over the approval of enterprise agreements. The application for approval was made under the Fair Work Act 2009, which sets out the process for the negotiation and approval of enterprise agreements. The union and the employer had reached an agreement covering terms and conditions of employment for workers at the Portland Aluminium site, which the employer sought to have approved by the Commission.

The legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it had been negotiated in good faith. Specifically, the Commission needed to determine if the agreement had been made independently of the parties without any pressure or coercion, and whether it contained the required "pay and conditions" matters as defined in the Act. The union argued that the agreement did not adequately address certain conditions, while the employer maintained that the agreement was fair and met all legal requirements.

In delivering its decision, the Commission examined the negotiation process and found that the agreement had been made in good faith, with no evidence of undue influence or coercion. The Commission also considered whether the agreement contained all the mandatory "pay and conditions" matters and found that while some improvements could be made, the overall agreement was sufficiently comprehensive to be approved. The Commission highlighted the importance of the agreement in providing a stable and fair working environment for the employees at the Portland Aluminium site. Consequently, the Commission approved the agreement, subject to certain minor modifications to address the union's concerns.

The final orders of the Commission included the approval of the enterprise agreement, with the provision that the minor modifications be implemented within a specified timeframe. The employer and the union were directed to work together to address any outstanding issues and to ensure compliance with the approved agreement. This decision underscores the Commission's role in facilitating fair and effective workplace agreements while ensuring compliance with statutory requirements.

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