Veolia Environmental Services (Australia) Pty Ltd

[2013] FWCA 9082

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/11439)

VEOLIA ENVIRONMENTAL SERVICES KU-RING-GAI DOMESTIC WASTE, RECYCLING & GREEN WASTE SERVICES EBA 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2013.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 12 November 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 November 2013. The nominal expiry date is 14 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Bargaining Agreement (EBA) concerning domestic waste, recycling, and green waste services for Ku-Ring-Gai. The application followed an approval process under the Fair Work Act 2009. The legal issues that the Commission had to resolve included whether the EBA met the criteria for approval under the Act, particularly in terms of its fairness, whether it provided adequate protections for employees, and if it complied with the statutory obligations of the parties involved.

The Commission carefully examined the EBA to determine if it adhered to the standards set by the Fair Work Act. It assessed whether the agreement provided appropriate safeguards for the employees and if it was in line with the legislative requirements. The Commission also considered the views of the employees and the employer, as well as the broader implications of the EBA on the industry and the workforce. Ultimately, the Commission found that the EBA met the necessary criteria for approval, as it was fair and balanced, and provided adequate protections for the employees. The EBA was also deemed to be in compliance with the statutory obligations of the parties involved.

The Fair Work Commission approved the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2013, confirming its compliance with the Fair Work Act. The Commission's decision was based on a thorough analysis of the EBA's provisions, the parties' views, and the broader industry context. The approval of the EBA signifies that the agreement is fair, balanced, and compliant with the statutory obligations of the employer and employees. The decision provides certainty and stability in the workplace, ensuring that the employees receive appropriate protections and benefits under the terms of the EBA.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established