DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2020/325)

VEOLIA ENVIRONMENTAL SERVICES MUJA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2020

Application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Muja Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] The Employer 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. The undertakings are taken to be a term of 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] I note that clause 12.1(8) of the Agreement may be unenforceable as it is likely to be a deduction contrary to s.324 of the Act. I also note that the Employer accepted within its written submissions filed on 9 March 2020 that clause 12.1(8) is an inoperative clause.

[5] 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 10 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services applied to the Fair Work Commission for approval of the Veolia Environmental Services Muja Enterprise Agreement 2020. The dispute involved the terms of the proposed enterprise agreement and whether it complied with relevant industrial laws and regulations. The Fair Work Commission was responsible for determining the validity of the agreement.

The central legal issues revolved around the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to assess whether the agreement met the requirements for good faith bargaining, whether it was free from coercion, and whether it included all the mandated minimum terms and conditions of employment. Additionally, the Commission examined whether the agreement provided for the proper representation of employees and if it allowed for meaningful consultation.

In its decision, the Commission found that the enterprise agreement was fair and balanced. The parties had engaged in genuine and meaningful bargaining, and the agreement was free from any form of coercion. It contained all the required minimum terms and conditions, including provisions for pay rates, leave entitlements, and other employee benefits. The agreement also ensured proper representation and consultation mechanisms were in place. Consequently, the Commission approved the Veolia Environmental Services Muja Enterprise Agreement 2020.

The final orders included the approval of the enterprise agreement, effective from the date of the decision. The Commission also mandated that the agreement be registered with the Fair Work Commission and that the parties adhere to its terms and conditions.

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