DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2019/2480)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD SOUTHERN INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2019 TO 2023

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 30 JULY 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Southern Industrial Services Enterprise Agreement 2019 to 2023.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Southern Industrial Services Enterprise Agreement 2019 to 2023 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, which sought approval of the Southern Industrial Services Enterprise Agreement 2019 to 2023. The application was heard in the Fair Work Commission. The primary issue before the court was whether the enterprise agreement complied with the Fair Work Act 2009 and met the criteria for approval.

The court had to determine if the agreement was appropriately certified, if it contained the necessary minimum terms and conditions, and if it adhered to procedural fairness. Additionally, the court considered whether the agreement was in the best interest of the employees and if there were any provisions that were contrary to public policy or otherwise invalid. The court examined the submissions and evidence provided by the applicant and any interested parties, including unions and employee representatives, to ascertain the fairness and appropriateness of the agreement.

In its reasoning, the court found that the enterprise agreement was appropriately certified and contained all the required minimum terms and conditions. The agreement was deemed to be in the best interests of the employees, with the court concluding that it met the statutory requirements for approval. The court further determined that no provisions were contrary to public policy or otherwise invalid. Therefore, the court approved the enterprise agreement, allowing it to take effect from the specified period.

No further orders were required as the court's decision to approve the agreement was comprehensive. The agreement was to be registered and would apply to the relevant employees from the date of approval.

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