Veolia Environmental Services (Australia) Pty Ltd

Case [2015] FWCA 4848


[2015] FWCA 4811
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements
(AG2015/3130)

BESTBAR (VIC) PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 15 JULY 2015

Application for approval of the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
Veolia Environmental Services (Australia) Pty Ltd [2015] FWCA 4811
Case
[2015] FWCA 4848
Decision Date

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2015-2018. The application was opposed by the Australian Services Union (SA Branch) and the National Tertiary Education Union. The applicants argued that the agreement was in the best interests of the employees, while the unions contended that it was not fair and reasonable. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court found that the agreement met the requirements of the Fair Work Act 2009 as it contained the minimum entitlements and provided for the negotiation of other terms and conditions of employment. The court also found that the agreement was in the best interests of the employees as it provided for a fair and reasonable outcome. The court considered the views of the unions and the applicants and found that the agreement provided for a fair and reasonable outcome for the employees. The court found that the agreement provided for a fair and reasonable outcome for the employees, taking into account the views of the unions and the applicants. The court also found that the agreement met the requirements of the Fair Work Act 2009.

The court approved the agreement and made an order that the agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was approved as a registered agreement, effective from 1 July 2015 for a period of three years. The agreement provided for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The court found that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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