DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2016/1695)

VEOLIA ENVIRONMENTAL SERVICES BUNBURY INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Veolia Environmental Services Bunbury Industrial Services Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Bunbury Industrial Services Enterprise Agreement 2016-2018 (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 12 August 2016. The nominal expiry date of the Agreement is 5 August 2018.

COMMISSIONER

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 approval of the Veolia Environmental Services Bunbury Industrial Services Enterprise Agreement 2016-2018. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a modern award. The nature of the dispute involved the terms and conditions of employment for the employees covered by the agreement, specifically those working within the Bunbury industrial services sector.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009 and whether it met the criteria for being a modern award. This involved assessing the agreement's provisions concerning wages, conditions, dispute resolution mechanisms, and its overall fairness and effectiveness. The Commission had to ensure that the agreement was not contrary to public policy and that it provided for a safety net of minimum entitlements.

The Commission found that the agreement substantially met the statutory requirements and was a modern award. The court noted the agreement's provisions for wages and conditions were fair and reasonable, and it provided for adequate dispute resolution mechanisms. The Commission also concluded that the agreement did not contravene any public policy considerations and that it ensured the safety net of minimum entitlements was maintained. Consequently, the Commission approved the agreement as a modern award, thereby endorsing it under section 231 of the Fair Work Act 2009.

The final orders included the approval of the Veolia Environmental Services Bunbury Industrial Services Enterprise Agreement 2016-2018 as a modern award, effective from the date of the Commission's decision. The agreement was to apply to the employees specified within the scope of the application, providing a framework for their employment terms and conditions.

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