DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand
(AG2017/1284)

VEOLIA ENVIRONMENTAL SERVICES VIVA ENERGY REFINERY AWU AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 MAY 2017

Application for approval of the Veolia Environmental Services Viva Energy Refinery AWU Agreement 2017-2020.

[1] On 12 April 2017 Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand (Applicant) made an application for approval of the Veolia Environmental Services Viva Energy Refinery AWU Agreement 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 May 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Veolia Environmental Services (Australia) Pty Ltd, the applicant sought approval of an agreement between the company and the Australian Workers' Union for the period 2017-2020. The dispute involved the terms and conditions of employment under the proposed agreement, which was to apply to the Viva Energy Refinery. The matter was heard in the Fair Work Commission, an industrial tribunal with jurisdiction over workplace relations in Australia.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unfair provisions as defined by the Act. The Commission also considered whether the agreement provided adequate protections and benefits for the employees, and if it complied with the procedural requirements for the approval of such agreements.

In its reasoning, the Commission found that the agreement was generally fair and reasonable, providing for a balanced set of terms and conditions that adequately protected the rights and interests of both the employer and the employees. The Commission noted that the agreement contained provisions that went beyond the minimum standards set by the relevant awards and ensured that employees received fair remuneration and conditions. The Commission also found that the agreement was procedurally sound, having been negotiated in good faith and meeting the necessary consultation requirements. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Commission were that the Veolia Environmental Services Viva Energy Refinery AWU Agreement 2017-2020 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe.

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