Veolia Environmental Services (Australia) Pty Ltd Summary

[2014] FWCA 3223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/5776)

VEOLIA INDUSTRIAL SERVICES [SA] AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2014

Application for approval of the Veolia Industrial Services [SA] Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Industrial Services [SA] Agreement 2014-2018 (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 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 28 May 2014. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Veolia Industrial Services (SA) Agreement 2014-2018. The applicant sought approval of the agreement, which had been reached after negotiations with the Australian Manufacturing Workers’ Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for a proper balance between the interests of employees and employers, and whether it complied with the procedural requirements for approval.

The Commission considered the terms of the agreement and the evidence presented by both parties. It examined whether the agreement met the criteria for approval, including whether it facilitated a fair and efficient workplace. The Commission also assessed whether the agreement was made in good faith and whether it provided for a proper balance of rights and obligations between the parties. After considering the evidence and arguments presented, the Commission determined that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Veolia Industrial Services (SA) Agreement 2014-2018, finding that it provided for a fair and efficient workplace and complied with the procedural requirements for approval. The Commission concluded that the agreement facilitated a proper balance of rights and obligations and was made in good faith. This decision provided clarity on the approval process for industrial agreements and the criteria that must be met for such agreements to be valid. The final orders confirmed the approval of the agreement, subject to any necessary amendments to comply with the Fair Work Act.

Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established