DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/2184)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD SA & NT MECHANICS ENTERPRISE AGREEMENT 2014-2018

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 8 APRIL 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2014-2018 (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 Company). The agreement is a single-enterprise agreement.

[2] On 2 April 2015 undertakings were provided by Ms A Gerhardy, HR Manager of the Company, in relation to clause 3.1.2 (Part-time Employment) and Schedule 1 (Rates of Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, represented by their employee, lodged an application with the Fair Work Commission for the approval of the SA & NT Mechanics Enterprise Agreement 2014-2018. The applicant argued that the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The respondent, represented by the Department of Employment, contested the application on the grounds that the agreement did not meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009, specifically whether the agreement had been fairly and genuinely negotiated, and if it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also needed to determine whether the agreement provided for procedural fairness, as well as the procedural fairness of the negotiation process.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement had been fairly and genuinely negotiated and contained all the required minimum terms and conditions. The Commission determined that the negotiation process was procedurally fair and the agreement met the requirements of the Act. The Commission approved the Veolia Environmental Services (Australia) Pty Ltd SA & NT Mechanics Enterprise Agreement 2014-2018, and it is now legally binding between the employer and the employees covered by the agreement.

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