DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/5905)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES [BROOKLYN] AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2018 - 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 15 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2018 - 2021. The dispute arose in the Fair Work Commission, where the applicant sought to have the agreement registered as a single-employer agreement. The application was opposed by several unions who argued that the agreement did not comply with certain statutory requirements.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections 224 and 234, which set out the requirements for the approval of a single-employer agreement. The unions contended that the agreement failed to meet these requirements because it did not provide for the proper consultation and negotiation processes. They further argued that the agreement did not include certain minimum terms and conditions as mandated by the Act.

The Commission examined the application and the objections raised by the unions. It found that while there were procedural issues in the negotiation process, the applicant had taken steps to rectify these issues and had provided evidence of genuine attempts to negotiate with the unions. The Commission also determined that the agreement contained the required minimum terms and conditions and that the overall content of the agreement was fair and reasonable. The Commission concluded that, despite the procedural shortcomings, the applicant had substantially complied with the statutory requirements and approved the agreement, finding it met the necessary standards for registration.

The Fair Work Commission approved the application and ordered that the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2018 - 2021 be registered as a single-employer agreement.

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