DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/10875)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) HORSLEY PARK TRANSFER STATION ENTERPRISE BARGAINING AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 31 DECEMBER 2014

Application for approval of the Veolia Environmental Services (Australia) Horsley Park Transfer Station Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Horsley Park Transfer Station Enterprise Bargaining Agreement 2014 (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 single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2015. The nominal expiry date of the Agreement is 15 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval for the Veolia Environmental Services (Australia) Horsley Park Transfer Station Enterprise Bargaining Agreement 2014. The applicant, Veolia, is a waste management company that operates a transfer station in Horsley Park. The agreement in question was made under the Fair Work Act 2009 and was submitted to the Fair Work Commission for approval. The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The court examined several aspects of the agreement, including the process by which it was made, the provisions relating to pay and conditions, and the overall fairness of the agreement. The court noted that the agreement was made through a process of negotiation between Veolia and the relevant trade union, and that it contained provisions that were consistent with the principles of the Fair Work Act. The court also considered the views of the employees, who were given an opportunity to vote on the agreement, and found that the majority had approved it.

After considering all the evidence and arguments, the court was satisfied that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court approved the agreement and made orders accordingly. The court noted that the agreement provided for a fair and equitable outcome for both the employer and the employees, and that it was consistent with the principles of the Fair Work Act.

In summary, the court approved the Veolia Environmental Services (Australia) Horsley Park Transfer Station Enterprise Bargaining Agreement 2014, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The court's decision provides guidance for future enterprise bargaining agreements in the waste management industry, and reinforces the importance of fair and equitable outcomes for both employers and employees.

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