DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand
(AG2017/4290)

VEOLIA ENVIRONMENTAL SERVICES BLUESCOPE HASTINGS & AWU AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement -2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2017 – 2020 (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 Australia and New Zealand. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Australia and New Zealand, applied to the Fair Work Commission for approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2017-2020. The Australian Workers’ Union, representing employees of Veolia, sought approval of the agreement, which had been negotiated in good faith. The application was made under section 235 of the Fair Work Act 2009. The dispute centred on the validity and fairness of the agreement, particularly in relation to its compliance with the Act and its capacity to provide adequate protections for the employees involved.

The legal issues before the Commission included whether the agreement had been negotiated in good faith, as required by the Act, and whether it provided fair terms and conditions for the employees. The Commission had to determine whether the agreement complied with all relevant provisions of the Fair Work Act and other applicable industrial laws. Additionally, the Commission considered whether the agreement contained appropriate mechanisms for resolving disputes and ensuring that the employees' rights and obligations were adequately protected.

The Fair Work Commission found that the agreement had been negotiated in good faith and was fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were in line with the statutory requirements. The agreement included provisions for wage increases, shift penalties, and other employment-related matters that were deemed to be fair and reasonable. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and was in compliance with all relevant provisions of the Fair Work Act.

The Commission approved the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2017-2020, effective from 1 July 2017 until 30 June 2020. The approval ensures that the agreement provides fair and reasonable terms and conditions for the employees and complies with all relevant industrial laws.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established