DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/7172)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA INDUSTRIAL SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2018-2021

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2019

Application for approval of the Veolia Environmental Services Australia Industrial Services [Tasmania] Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia Industrial Services [Tasmania] Enterprise 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] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 1 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for approval of the Veolia Environmental Services Australia Industrial Services [Tasmania] Enterprise Agreement 2018-2021 before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees covered by the agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and complied with the process requirements for approval.

The primary legal issues before the Commission were whether the agreement was genuinely a bargain between the employer and the employees, whether it provided for fair and reasonable terms and conditions, and whether the process requirements under the Fair Work Act 2009 were met. The Commission needed to assess if the agreement was made in good faith, if it was free from coercion, and if it contained provisions that were fair and reasonable for the employees.

The Commission found that the agreement was genuinely a bargain between the parties and was made in good faith. It considered the terms and conditions to be fair and reasonable, taking into account the nature of the industry, the bargaining power of the parties, and the overall balance of the agreement. The Commission was satisfied that the process requirements of the Act were met, including that the agreement had been subject to good faith bargaining and that employees had been given adequate opportunity to be consulted and to make submissions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Veolia Environmental Services Australia Industrial Services [Tasmania] Enterprise Agreement 2018-2021, determining that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement was genuinely a bargain between the employer and the employees, provided for fair and reasonable terms and conditions, and was made in compliance with the process requirements of the Act.

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