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

[2017] FWCA 5676

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/3461)

Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2017 - 2020

Tasmania
Deputy President Masson	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia Commercial Services [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.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

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 for the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning the process by which the agreement was made and the fairness of its terms.

The court had to determine if the enterprise agreement was genuinely bargained for and if it met the procedural requirements set out in the Act. Additionally, the court examined whether the agreement contained terms that were fair and reasonable, considering the needs of the employees and the operational requirements of the employer. The court also assessed if the agreement complied with the "better off overall test" which ensures that employees are not worse off financially under the new agreement.

In reaching its decision, the court considered the evidence provided by both parties, including the process of negotiation and the content of the agreement. The court found that the agreement was genuinely negotiated and that the process adhered to the statutory requirements. The terms of the agreement were deemed fair and reasonable, meeting the needs of both employees and the employer. The court concluded that the agreement satisfied the better off overall test, ensuring that employees would not be disadvantaged financially. The application for approval was subsequently granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established