DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2015/237)

VEOLIA ENVIRONMENTAL SERVICES (WA), WORKSHOP ENTERPRISE AGREEMENT 2014 TO 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MARCH 2015

Application for approval of the Veolia Environmental Services (WA), Workshop Enterprise Agreement 2014 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (WA), Workshop Enterprise Agreement 2014 to 2017 (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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 2 March 2015 and, in accordance with s.54, will operate from 9 March 2015. The nominal expiry date of the Agreement is 2 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 (WA) Workshop Enterprise Agreement 2014 to 2017. The application was opposed by the Western Australian Branch of the Transport Workers Union, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute involved the validity of the enterprise agreement, specifically its adherence to the Act and whether it contained the necessary terms and conditions for approval.

The legal issues before the court centred on whether the agreement complied with the statutory requirements outlined in the Fair Work Act, including whether the agreement was genuinely negotiated and whether it contained the mandated minimum terms and conditions. Additionally, the court examined whether the agreement met the standard of being "better off overall" for the employees, as mandated by the Act.

The Fair Work Commission found that the application for approval was valid and that the agreement did meet the necessary statutory requirements. The Commission determined that the agreement was genuinely negotiated and included all mandated minimum terms and conditions. The Commission also concluded that the agreement met the "better off overall" test, ensuring that employees would be better off under the new agreement than under their previous terms. Therefore, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Fair Work Commission made an order that the Veolia Environmental Services (WA) Workshop Enterprise Agreement 2014 to 2017 be approved as a registered agreement under the Fair Work Act 2009.

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