CORRECTION TO DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/133)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD COOPER BASIN ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 FEBRUARY 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2014 - 2017.

[1] The decision issued by the Fair Work Commission on 13 February 2015 [[2015] FWCA 1009] is corrected as follows:

1. By deleting paragraph [6] and inserting the following:

“[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2015. The nominal expiry date of the Agreement is 30 June 2017.”

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval of an enterprise agreement with the Australian Services Union (ASU) for its employees in the Cooper Basin. The application was made under the Fair Work Act 2009, and the parties appeared before the Fair Work Commission (FWC). The dispute centred on the fairness and appropriateness of the proposed agreement's terms and conditions, including wages, working hours, and other employment-related matters.

The primary legal issue before the FWC was whether the proposed agreement met the "better off overall test" (BOOT) and the "no disadvantaged test" (NDT) as outlined in the Fair Work Act. The BOOT requires that the agreement must be at least as good as the applicable award or existing enterprise agreement, and the NDT ensures that no employee is disadvantaged by the agreement compared to their previous terms. The FWC also had to consider the fairness of the agreement, taking into account the bargaining positions of the parties, the nature of the industry, and the economic context.

The FWC found that the proposed agreement satisfied the BOOT, as it provided for wage increases and other benefits that were at least as good as the applicable award. The FWC also determined that the agreement met the NDT, as no employee would be worse off under the agreement compared to their previous terms. Additionally, the FWC considered the fairness of the agreement, noting the complexity of the bargaining process and the economic environment. The FWC concluded that the agreement was fair and appropriate, taking into account the bargaining positions of the parties, the nature of the industry, and the economic context.

The FWC approved the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2014-2017, and the agreement came into effect on the date of the approval. The FWC's decision highlights the importance of meeting the BOOT and NDT when seeking approval of an enterprise agreement, as well as the need to consider the fairness of the agreement in the context of the bargaining process and the economic environment.

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD COOPER BASIN ENTERPRISE AGREEMENT 2014-2017

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established