DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia
(AG2018/340)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD COOPER BASIN ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin 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 Cooper Basin 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 Applicant 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 8 May 2021.

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, applied for the approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2018-2021 before the Fair Work Commission. The dispute centered on the procedural fairness of the agreement, specifically whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was made genuinely and fairly, and if there was adequate consultation and disclosure between the employer and employees. This included examining the process of how the agreement was negotiated and whether the employees had sufficient opportunity to express their views.

The Fair Work Commission assessed the evidence provided and found that the enterprise agreement was made genuinely and fairly. The Commission held that there was adequate consultation and disclosure between the employer and employees. The employer had engaged in good faith negotiations and provided the necessary information to the employees, allowing them to make informed decisions. The Commission approved the enterprise agreement based on the evidence presented.

No further orders were made by the Commission as the enterprise agreement was deemed to be compliant with the requirements of the Fair Work Act 2009.

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