[2018] FWCA 4758

The attached document replaces the document previously issued with the above code on 14 August 2018.

The typographical error in the name of the agreement has been corrected to read ‘Veolia Industrial Services (SA) Enterprise Agreement 2018 – 2022’

Kathryn Mouzakis

Agreements Triage Team

Dated 15 August 2018

[2018] FWCA 4758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia
(AG2018/3013)

VEOLIA INDUSTRIAL SERVICES (SA) ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2018

Application for approval of the Veolia Industrial Services (SA) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Industrial Services (SA) Enterprise Agreement 2018 - 2022 (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. 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 21 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia, sought approval of the Veolia Industrial Services (SA) Enterprise Agreement 2018-2022. The application was made to the Fair Work Commission (FWC), which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, specifically whether it provided for the terms and conditions of employment that were fair and reasonable.

The central legal issue for the FWC to determine was whether the agreement provided for the terms and conditions of employment that were fair and reasonable, as required by section 234 of the Fair Work Act. The FWC considered whether the agreement complied with the Fair Work Act's procedural and substantive requirements, including whether the agreement had been made in good faith and whether it provided for appropriate mechanisms for resolving disputes. The FWC also examined whether the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and other conditions of employment.

After considering the evidence and submissions from both parties, the FWC determined that the agreement was fair and reasonable and should be approved. The FWC found that the agreement complied with the statutory requirements for approval and provided for appropriate protections for employees. The FWC also found that the agreement had been made in good faith and provided for appropriate mechanisms for resolving disputes. The FWC noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements, and other conditions of employment. The FWC concluded that the agreement was fair and reasonable and should be approved.

The FWC approved the Veolia Industrial Services (SA) Enterprise Agreement 2018-2022, effective from the date of the decision. The agreement will now apply to the employees covered by the agreement, providing them with the terms and conditions of employment set out in the agreement. The FWC's decision provides clarity for both Veolia and its employees regarding the terms and conditions of employment and ensures that the agreement meets the statutory requirements for approval.

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