DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/5590)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA SCAFFOLDING [TASMANIA] ENTERPRISE AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

Application for approval of the Veolia Environmental Services Australia Scaffolding (Tasmania) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia Scaffolding (Tasmania) Enterprise Agreement 2017 - 2020 (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 Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for approval of the Veolia Environmental Services Australia Scaffolding (Tasmania) Enterprise Agreement 2017-2020 before the Fair Work Commission. The agreement pertained to employees who are scaffolders within Veolia’s operations in Tasmania, covering various terms and conditions of employment. The application was heard by the Commission, which had to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the court had to assess if proper consultation and negotiation processes had taken place, and if the agreement was made in good faith. Substantively, the court had to consider whether the terms of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining set out in the Act.

In reaching its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement had been made through genuine negotiation and consultation, meeting the procedural requirements. Furthermore, the Commission determined that the agreement’s terms and conditions were fair and reasonable, considering the specific needs and circumstances of the employees and the employer. As such, the Commission approved the agreement.

The final orders included the approval of the Veolia Environmental Services Australia Scaffolding (Tasmania) Enterprise Agreement 2017-2020, effective from the date of the Commission’s decision, subject to the terms and conditions outlined in the 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