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

[2013] FWCA 8124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2013/8771)

VEOLIA ENVIRONMENTAL SERVICES, PILBARA ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 OCTOBER 2013

Application for approval of the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] An undertaking has been provided by the employer in relation to clause 7.3 of the Agreement and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, sought approval for the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission, where the primary concern was whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court encompassed whether the agreement was genuinely negotiated, whether it addressed the needs of the employees fairly, and whether it complied with the procedural requirements outlined in the Act. The applicant needed to demonstrate that the agreement had been negotiated in good faith, that it included terms and conditions that were reasonable and fair, and that it adhered to the prescribed processes for enterprise agreements.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The applicant had provided evidence of extensive consultation and negotiation with the relevant employee representatives. The court was satisfied that the agreement addressed the needs of the employees and that it was consistent with the provisions of the Act. As a result, the agreement was approved, recognising it as meeting the legal standards for enterprise agreements under Australian law.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established