DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/1031)

VEOLIA ENVIRONMENTAL SERVICES, PILBARA ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JULY 2018

Application for approval of the Veolia Environmental Services, Pilbara Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Pilbara Enterprise Agreement 2018 - 2022 (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 Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2018. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

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 to the Fair Work Commission for the approval of the Veolia Environmental Services, Pilbara Enterprise Agreement 2018 - 2022. The application was brought before Commissioner S.M. Smith. The central issue before the court was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "better off overall test" (BOOT) agreement, ensuring that the employees were no worse off and had some benefits.

The court examined the agreement's provisions, focusing on its compliance with the BOOT criterion. It considered the financial and non-financial benefits provided to the employees, as well as any detriments that might arise from the agreement. The court also evaluated the process by which the agreement was negotiated and whether it adhered to the procedural fairness requirements. Commissioner Smith found that the agreement did meet the BOOT criteria and was thus compliant with the Fair Work Act. The negotiation process was deemed fair, and the benefits provided to employees were sufficient to meet the requirements for approval.

Following the court's decision, the Fair Work Commission approved the Veolia Environmental Services, Pilbara Enterprise Agreement 2018 - 2022. The agreement was found to be a fair and reasonable agreement, providing employees with adequate protections and benefits. The approval ensures that the terms of the agreement are legally enforceable and provides a framework for the employment relationship between Veolia Environmental Services and its employees for the specified period.

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