| [2016] FWCA 705 |
| 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 Refractories
(AG2015/7897)
VEOLIA ENVIRONMENTAL SERVICES QUEENSLAND (SCAFFOLDING & RELATED FUNCTIONS) AGREEMENT 2015 - 2018
Manufacturing and associated industries | |
DEPUTY PRESIDENT GOSTENCNIK | PERTH, 3 FEBRUARY 2016 |
Application for approval of the Veolia Environmental Services Queensland (Scaffolding & Related Functions) Agreement 2015 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Queensland (Scaffolding & Related Functions) Agreement 2015 - 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 Refractories. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement was approved on 3 February 2016 and, in accordance with s.54, will operate from 10 February 2016. The nominal expiry date of the Agreement is 31 March 2018.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Refractories [2016] FWCA 705
- Case
- [2016] FWCA 705
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This included examining whether the agreement contained the necessary provisions, such as minimum wages and conditions, and whether it was free from prohibited content. Additionally, the court needed to consider whether the agreement had been fairly negotiated and if it was in the best interests of the employees concerned.
The Fair Work Commission found that the agreement complied with all statutory requirements. It contained the necessary minimum terms and conditions, was free from prohibited content, and had been fairly negotiated. The Commission was satisfied that the agreement was in the best interests of the employees, taking into account the nature of the work and the specific circumstances of the bargaining parties. Consequently, the application for approval was successful.
The Fair Work Commission approved the Veolia Environmental Services Queensland (Scaffolding & Related Functions) Agreement 2015-2018, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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