DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2019/551)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD OFFSHORE INDUSTRIAL SERVICES & MAINTENANCE ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 2 MAY 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Offshore Industrial Services & Maintenance Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Offshore Industrial Services & Maintenance Enterprise Agreement 2019-2023 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 2 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for the approval of the Veolia Environmental Services (Australia) Pty Ltd Offshore Industrial Services & Maintenance Enterprise Agreement 2019-2023. The applicant sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, particularly focusing on whether the provisions were fair and reasonable, and whether they complied with the statutory requirements set out in the Act.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it contained the necessary minimum terms as stipulated by the Fair Work Act. The Commission needed to consider the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions, to determine if they met the statutory requirements and were fair and reasonable. The applicant argued that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment.

After reviewing the agreement and the submissions made by the parties, the Commission found that the agreement contained terms and conditions that were fair and reasonable and complied with the statutory requirements. The Commission considered the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions, and determined that they provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement contained the necessary minimum terms as required by the Fair Work Act. Consequently, the Commission approved the agreement and registered it with the Fair Work Commission.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Offshore Industrial Services & Maintenance Enterprise Agreement 2019-2023 and registered it with the Fair Work Commission. The Commission found that the agreement contained fair and reasonable terms and conditions of employment and complied with the statutory requirements set out in the Fair Work Act. The agreement was registered, and it will govern the employment conditions of the employees covered by the agreement for the period of 2019-2023.

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