Veolia Environmental Services (Australia) Pty Ltd Summary

[2014] FWCA 2342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/5164)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD WASTE MANAGEMENT (RESOURCE RECOVERY & WASTE MANAGEMENT FACILITIES) ENTERPRISE AGREEMENT 2014-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 9 APRIL 2014

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017 (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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd recently sought approval for its Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017 from the Fair Work Commission (FWC). The applicant, a prominent waste management company, aimed to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for registration, including fair and reasonable terms.

The primary legal issues the FWC addressed were whether the agreement was genuinely bargained between the employer and the employees, whether it contained the required minimum terms as outlined in the Fair Work Act, and if it was fair and reasonable. Additionally, the FWC considered whether the agreement had been approved by a majority of the employees in the relevant bargaining unit. The FWC carefully examined the process through which the agreement was negotiated and whether there was any coercion or undue influence exerted during the bargaining process.

The FWC found that the agreement had been genuinely negotiated and approved by the requisite majority of employees. The agreement was deemed to contain all necessary minimum terms and was fair and reasonable. The FWC noted that the process was conducted in good faith and that the terms of the agreement were not unreasonable. Consequently, the FWC approved the agreement, recognising it as a registered agreement under the Fair Work Act. This decision ensures that the agreement will provide a stable and fair framework for the employment terms of the workers within the specified enterprise.

The FWC's final orders included the registration of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017, effective from the date of the decision. This registration means that the agreement will govern the employment conditions for the specified period, ensuring that it complies with the statutory requirements for fairness and reasonableness.

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