Veolia Environmental Services (Australia) Pty Ltd Summary

[2013] FWCA 9475

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/11549)

VEOLIA ENVIRONMENTAL SERVICES WOOD LAWN BIO - REACTOR ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 5 DECEMBER 2013

Application for approval of the Veolia Environmental Services Wood Lawn Bio-Reactor Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Wood Lawn Bio-Reactor Enterprise Agreement 2013 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 December 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Environmental Services Wood Lawn Bio-Reactor Enterprise Agreement 2013. The application was brought following an enterprise agreement process under the Fair Work Act 2009. The dispute was between the applicant company and its employees represented by a union. The legal issues before the Court were whether the agreement met the requirements for approval under the Fair Work Act and whether it contained appropriate provisions for employee representation and consultation. The Court considered whether the agreement allowed for genuine employee participation, whether it contained adequate dispute resolution mechanisms, and whether it complied with the relevant statutory provisions.

The Court examined the provisions of the Fair Work Act and relevant precedents to assess the agreement. It determined that the agreement provided for appropriate employee representation and consultation mechanisms, including a joint consultative committee. The Court found that the agreement contained adequate dispute resolution provisions and that it did not disadvantage employees. The Court also concluded that the agreement had been made in good faith and that it met the statutory requirements for approval. The Court approved the enterprise agreement, finding that it was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act.

The Court's decision was based on a thorough analysis of the agreement's provisions and the statutory requirements for approval. The Court found that the agreement met the necessary criteria for approval, including provisions for employee representation and consultation, dispute resolution mechanisms, and compliance with the Fair Work Act. The Court's approval of the agreement ensured that the employees had a legally binding enterprise agreement that provided for their fair treatment and adequate representation in the workplace. The final orders of the Court included the approval of the Veolia Environmental Services Wood Lawn Bio-Reactor Enterprise Agreement 2013.

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