DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/3780)

VEOLIA ENVIRONMENTAL SERVICES MURRIN MURRIN ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER LEE	LAUNCESTON, 8 JULY 2015

Application for approval of the Veolia Environmental Services Murrin Murrin Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Murrin Murrin Enterprise Agreement 2015 - 2019 (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.

[3] The Agreement was approved on 8 July 2015 and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Veolia Environmental Services Murrin Murrin Enterprise Agreement 2015 - 2019. The application was made under the Fair Work Act 2009. The primary dispute was whether the agreement met the requirements for registration under the Act. The Fair Work Commission was the court that heard the matter.

The central legal issues before the Commission were whether the agreement contained all the prescribed terms, whether it was made in good faith, and whether it met the requirements for registration. The Commission had to consider whether the agreement was a genuine enterprise agreement and whether it was made in accordance with the statutory provisions. The Commission also needed to determine if the agreement met the "better off overall test" and if it complied with the procedural requirements of the Act.

In its reasoning, the Commission noted that the agreement was comprehensive and included all the prescribed terms. The Commission found that the agreement was made in good faith and met the requirements for registration. It satisfied the "better off overall test" as it provided for improvements in pay and conditions for employees. The Commission was satisfied that the procedural requirements of the Act were met, including the requirement for proper consultation. Based on this, the Commission approved the agreement.

The final orders of the Commission were that the Veolia Environmental Services Murrin Murrin Enterprise Agreement 2015 - 2019 be approved for registration under the Fair Work Act 2009. The Commission certified the agreement as a single interest enterprise agreement, effective from 1 July 2015 for a period of four years. The Commission also directed that the agreement be published on the Fair Work Commission's website.

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