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

[2014] FWCA 7512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2014/9301)

VEOLIA ENVIRONMENTAL SERVICES (WA) OFFSHORE INDUSTRIAL SERVICES & MAINTENANCE ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014-2018 (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] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union 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, will operate from 30 October 2014. The nominal expiry date of the Agreement is 22 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, to approve the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014-2018. The applicant sought to have the agreement registered as a protected action agreement under the Fair Work Act 2009. The application was contested by the Maritime Union of Australia, which raised several objections, including concerns about the agreement's coverage and potential impacts on employees' rights.

The primary legal issues before the commission were whether the agreement met the criteria for approval under the Fair Work Act and whether it complied with the procedural requirements of the Fair Work Regulations. The commission had to consider whether the agreement was genuinely made by the parties in good faith and whether it contained appropriate dispute resolution mechanisms. Additionally, the commission needed to ensure that the agreement did not adversely affect employees' rights or entitlements beyond what was permissible under the act.

In delivering its decision, the commission found that the agreement was genuinely made by the parties in good faith and contained adequate dispute resolution provisions. The commission also determined that the agreement complied with the procedural requirements of the regulations, including the notification and consultation processes. The commission considered the objections raised by the union but concluded that they did not undermine the overall fairness and genuineness of the agreement. The commission approved the agreement, finding that it met the necessary criteria under the act.

As a result of the commission's decision, the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014-2018 was registered as a protected action agreement, effective from the date of the decision. The agreement now governs the employment conditions of the employees covered by it, and its terms and provisions will be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established