DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2020/224)

VEOLIA ENVIRONMENTAL SERVICES PERTH METROPOLITAN WASTE ENTERPRISE AGREEMENT 2019 - 2021

Waste management industry
COMMISSIONER WILLIAMS	PERTH, 11 MARCH 2020

Application for approval of the Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2019 - 2021 (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 Environmental Services. 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.

[3] The Transport Workers' Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 18 March 2020. The nominal expiry date of the Agreement is 26 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for approval of the Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2019 - 2021. The dispute arose between the employer and the Australian Manufacturing Workers’ Union, which represents employees of the company. The case was heard by the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issues the court had to decide related to the fairness and compliance of the proposed enterprise agreement. The court had to determine if the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, allowed for proper bargaining, and included appropriate dispute resolution provisions. Additionally, the court needed to assess whether the agreement was made in good faith and if it was suitable for the employees covered by it.

In its reasoning, the Fair Work Commission noted that the proposed agreement had been negotiated in good faith and provided for minimum entitlements as required by law. The commission found that the agreement contained appropriate dispute resolution mechanisms and was suitable for the employees. The union had not raised any specific objections to the contents of the agreement, and the employer had demonstrated a willingness to negotiate. After careful consideration, the commission approved the enterprise agreement, finding it to be fair and compliant with the relevant legislative requirements.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision confirms the agreement’s validity and enforceability, providing a framework for industrial relations between the employer and the employees for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established