Veolia Environmental Services (Australia) Pty Ltd

[2013] FWCA 4936

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/7561)

VEOLIA ENVIRONMENTAL SERVICES WHEATSTONE ENTERPRISE AGREEMENT 2013 TO 2017

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 25 JULY 2013

Application for approval of the Veolia Environmental Services Wheatstone Enterprise Agreement 2013 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Wheatstone Enterprise Agreement 2013 to 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 ss186, 187 and 188 as are relevant to this application for approval have 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 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 1 August 2013. The nominal expiry date is four (4) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval of the Veolia Environmental Services Wheatstone Enterprise Agreement 2013 to 2017. The application was brought before the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the requirements for approval, particularly in terms of its compliance with the good faith bargaining obligations and the protection of employees' rights.

The central legal issues before the court were whether the agreement was made in good faith and if it appropriately protected the rights and interests of the employees. This included scrutiny of the negotiation process, the extent of bargaining between the parties, and the substantive terms of the agreement itself. Additionally, the court had to consider if the agreement provided for fair and reasonable terms that did not adversely affect the employees.

In its reasoning, the Fair Work Commission found that the agreement was made in good faith and met the requirements for approval. The commission noted that the negotiation process was thorough, and there was evidence of meaningful bargaining between the parties. The substantive terms of the agreement were also deemed to be fair and reasonable, providing adequate protection for the employees' rights and interests. Consequently, the commission approved the agreement, affirming that it met the legislative standards for fair and reasonable terms.

The final orders of the commission were that the Veolia Environmental Services Wheatstone Enterprise Agreement 2013 to 2017 be approved as meeting the requirements for approval under the Fair Work Act 2009. This decision allowed the agreement to come into effect, governing the employment conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established