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

[2022] FWCA 1901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1665)

Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 JUNE 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2022

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 9 June 2022 and, in accordance with s 54, will operate from 16 June 2022. The nominal expiry date of the Agreement is 2 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission for the approval of the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2022. The application followed a negotiation process that resulted in an enterprise agreement between the employer and the trade union, United Voice. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including its fairness and coverage provisions.

The central legal issue was whether the agreement met the standards for approval under the Fair Work Act. Specifically, the court had to consider if the agreement was a "good faith" bargain and if it contained all the mandatory terms set out in the Act. Additionally, the court examined whether the agreement was fairly and accurately represented to the employees and if it included provisions that were fair and reasonable in all respects. The court also had to determine whether the agreement met the coverage threshold of ten employees.

In its decision, the Fair Work Commission found that the agreement was a product of good faith bargaining and contained all the mandatory terms required by the Act. The Commission held that the agreement was fairly and accurately represented to the employees and contained provisions that were fair and reasonable. Furthermore, the Commission determined that the agreement met the coverage threshold as it involved more than ten employees. The Commission approved the agreement, noting that it complied with the legislative requirements for enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established