DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2015/6232)

VEOLIA ENVIRONMENTAL SERVICES, PERTH METROPOLITAN WASTE ENTERPRISE AGREEMENT 2015 - 2019

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Veolia Environmental Services, Perth Metropolitan Waste Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Perth Metropolitan Waste Enterprise Agreement 2015 - 2019 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 26 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, and the relevant employees represented by the Transport Workers Union of Australia. The dispute centred around the application for the approval of the Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2015 - 2019. The Transport Workers Union of Australia lodged the application, seeking the Commission's approval of the agreement, while Veolia Environmental Services contested the application on various grounds. The matter was heard and determined by the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide included whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, and whether the agreement was made in good faith and not under duress or pressure. The Commission also needed to assess whether the agreement contained appropriate mechanisms for the resolution of any disputes that might arise during the term of the agreement. Additionally, the Commission considered whether the agreement adequately protected the interests of employees and provided for fair and reasonable terms and conditions of employment.

In determining the application, the Fair Work Commission carefully examined the provisions of the proposed agreement and the process through which it was negotiated. The Commission found that the agreement met the statutory requirements and was made in good faith. It determined that the agreement contained appropriate dispute resolution mechanisms and adequately protected the interests of employees. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2015 - 2019. The Commission's decision was based on its findings that the agreement complied with the statutory requirements, was made in good faith, contained appropriate dispute resolution mechanisms, and adequately protected the interests of employees. The agreement was registered, and the terms and conditions outlined within it became legally binding on the parties involved.

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