| [2018] FWCA 666 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand
(AG2017/5167)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD TECHNICAL WASTE SOLUTIONS (TWS) BROOKLYN ENTERPRISE AGREEMENT 2017 - 2020
Waste management industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 1 FEBRUARY 2018 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Brooklyn 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 Technical Waste Solutions (TWS) Brooklyn 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[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 was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 March 2020.
COMMISSIONER
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- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand [2018] FWCA 666
- Case
- [2018] FWCA 666
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Fair Work Commission were whether the application complied with the relevant provisions of the Fair Work Act, and whether the proposed agreement was in the best interests of the employees. The court needed to consider if the application met the procedural requirements, including proper notification and consultation, and if the agreement's terms and conditions were fair and reasonable. Additionally, the court examined if the agreement adequately protected the employees' rights and interests.
The Fair Work Commission found that the application for approval of the enterprise agreement complied with the procedural requirements of the Fair Work Act. The commission determined that the proposed agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The commission also noted that the agreement included provisions for consultation and communication, as well as mechanisms for resolving disputes. Consequently, the Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Brooklyn Enterprise Agreement 2017 - 2020.
The Fair Work Commission's decision to approve the enterprise agreement reflects its assessment that the application met the legal requirements and that the proposed agreement was in the best interests of the employees. The commission's approval of the agreement ensures that the terms and conditions outlined within it will be legally binding on both the employer and the employees, providing a clear framework for their relationship moving forward.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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