DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand
(AG2017/209)

VEOLIA ENVIRONMENTAL SERVICES AND THE AUSTRALIAN WORKERS’ UNION PORTLAND ALUMINIUM MANUFACTURING SERVICES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Manufacturing Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Manufacturing Services Enterprise Agreement 2017 (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] Pursuant to s.205(2) of the Act, the model consultation 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 22 February 2017. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involves an application for the approval of the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Manufacturing Services Enterprise Agreement 2017. The application was made to the Fair Work Commission (FWC) by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia & New Zealand. The Australian Workers’ Union acted as the bargaining representative for the employees. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the procedural and substantive requirements for approval.

The legal issues that the FWC was required to decide included whether the agreement was fairly and properly made, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it contained appropriate provisions regarding wages, conditions, and other terms and conditions of employment. Additionally, the FWC needed to assess whether the agreement provided for the fair and reasonable resolution of disputes and ensured that employees were not worse off in terms of their employment terms and conditions.

In making its decision, the FWC examined the evidence provided by both parties and considered the applicable legal framework. The FWC found that the agreement had been fairly and properly made, with adequate consultation and negotiation between the employer and the union. The FWC also determined that the agreement complied with the procedural requirements of the Fair Work Act and contained appropriate provisions regarding wages, conditions, and other terms and conditions of employment. Furthermore, the FWC was satisfied that the agreement provided for the fair and reasonable resolution of disputes and ensured that employees were not worse off. Based on these findings, the FWC approved the enterprise agreement.

The final orders of the FWC were that the Veolia Environmental Services and The Australian Workers’ Union Portland Aluminium Manufacturing Services Enterprise Agreement 2017 be approved and registered. The agreement would then be in effect, governing the terms and conditions of employment for the employees covered by the 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