DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/3970)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD - INDUSTRIAL SERVICES GLADSTONE OPERATIONS ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd - Industrial Services Gladstone Operations Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the
Veolia Environmental Services (Australia) Pty Ltd - Industrial Services Gladstone Operations Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Industrial Services Gladstone Operations Enterprise Agreement 2015-2017. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees within the Gladstone operations of Veolia Environmental Services. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the protection of employees' rights.

The primary legal issues before the Commission involved the procedural fairness of the bargaining process and the substantive fairness of the agreement's terms. Specifically, the Commission needed to assess whether the agreement was genuinely negotiated in good faith, whether it included all mandatory provisions, and whether it was consistent with the objectives of the Fair Work Act. Additionally, the Commission had to consider the impact of the agreement on employees' rights and protections under the Act.

The Commission found that the agreement was genuinely negotiated in good faith, as there was evidence of genuine consultation and consideration between the parties. The Commission also determined that the agreement included all mandatory provisions and was consistent with the objectives of the Fair Work Act. The Commission was satisfied that the agreement did not adversely affect the rights and protections of employees, as it provided for reasonable working hours, adequate leave provisions, and fair remuneration. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all respects.

As a result of the Commission's decision, the Veolia Environmental Services (Australia) Pty Ltd - Industrial Services Gladstone Operations Enterprise Agreement 2015-2017 was approved and registered. This approval ensured that the agreement would govern the employment terms and conditions for the relevant employees during the specified period, providing a framework for fair and equitable workplace practices.

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