DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2017/4370)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD CHEVRON MAINTENANCE INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2017 – 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2017 - 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 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 19 December 2017. The nominal expiry date of the Agreement is 11 December 2021.

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, sought approval of the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2017 - 2021. The application was heard in the Fair Work Commission (FWC). The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) for approval by the FWC. The applicant argued that the agreement was made in good faith and met the standards for a modern award.

The legal issues before the FWC involved determining whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Key among these was whether the agreement had been made in good faith, whether it included the necessary minimum terms and conditions, and whether it was consistent with the principles of the National Employment Standards and the applicable modern award. The FWC also considered the process by which the agreement was negotiated and whether it adhered to the requirements set out in the Fair Work Regulations 2009 (Cth).

The FWC found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The FWC concluded that the agreement was consistent with the National Employment Standards and the applicable modern award. The FWC also found that the negotiation process had been fair and transparent. As a result, the FWC approved the agreement, finding that it met all the statutory requirements for approval.

The FWC made an order approving the Veolia Environmental Services (Australia) Pty Ltd Chevron Maintenance Industrial Services Enterprise Agreement 2017 - 2021, effective from the date of the approval decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from that date.

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