DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia
(AG2018/4623)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD FACILITIES MANAGEMENT (MARS) ENTERPRISE AGREEMENT 2018-2021

Waste management industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia, applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) Enterprise Agreement 2018-2021. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for registration. The applicant argued that the agreement was in the best interests of the employees and provided for their fair remuneration and conditions of employment.

The central legal issues before the Commission were whether the agreement contained all the prescribed terms, was made in good faith, and was in the best interests of the employees. The Commission considered whether the agreement complied with the statutory requirements under the Fair Work Act, including the obligation to provide for minimum rates of pay, classification of employees, and provisions for dispute resolution. Additionally, the Commission examined the process by which the agreement was negotiated and whether it was done in good faith.

The Commission found that the agreement contained all the prescribed terms and was made in good faith. It was determined that the agreement was in the best interests of the employees as it provided for fair remuneration and conditions of employment. The Commission was satisfied that the process of negotiation was conducted in a manner consistent with the principles of good faith bargaining and that the agreement reflected the outcome of that process. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) Enterprise Agreement 2018-2021 for registration, finding it to be in the best interests of the employees and in compliance with the statutory requirements.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established