DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand
(AG2017/5932)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD WASTE MANAGEMENT (RESOURCE RECOVERY & WASTE MANAGEMENT FACILITIES) ENTERPRISE AGREEMENT 2017- 2020

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resources Recovery & Waste Management Facilities) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resources Recovery & Waste Management Facilities) Enterprise 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 & New Zealand. 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 10 May 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand brought an application for the approval of a proposed enterprise agreement. The application was heard in the Fair Work Commission. The agreement in question was a proposed waste management enterprise agreement for the period 2017-2020, which was intended to cover employees of the respondent company.

The primary legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for approval, such as ensuring that it did not adversely affect the employee's right to be protected from unfair dismissal or their right to request flexible working arrangements. The commission also considered whether the agreement provided for proper minimum terms and conditions and whether it was free from prohibited content.

The commission found that the proposed agreement met all the necessary criteria for approval. It concluded that the agreement did not adversely affect the employee's right to be protected from unfair dismissal or their right to request flexible working arrangements. The commission also found that the agreement provided for proper minimum terms and conditions and was free from prohibited content. The commission was satisfied that the agreement was fair and reasonable, and therefore approved it.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resources Recovery & Waste Management Facilities) Enterprise Agreement 2017 - 2020, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees of the respondent company are governed by the provisions of the approved agreement.

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