DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services, NSW
(AG2015/1449)

VEOLIA AUSTRALIA & NEW ZEALAND HUNTER IS OUTSIDE MARKET ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 8 JULY 2015

Application for approval of the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services, NSW. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 25 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services, NSW was a matter heard in the Fair Work Commission, involving an application for the approval of the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2014. The applicant, Veolia Environmental Services, sought to have the agreement approved under the Fair Work Act 2009. The agreement, which was intended to govern the employment conditions of certain employees within the company, required the commission's approval as it was outside the scope of the relevant industry award.

The central legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements for approval. This involved examining if the agreement had been made freely and voluntarily by the parties, if it contained the necessary minimum terms and conditions, and if it adhered to the provisions of the Fair Work Act. Additionally, the commission needed to assess if the agreement was in the best interests of the employees it covered.

In its decision, the commission found that the agreement had been made freely and voluntarily, with genuine negotiations between the parties. The agreement was determined to contain all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the commission was satisfied that the agreement was in the best interests of the employees. Consequently, the commission approved the Veolia Australia & New Zealand Hunter IS Outside Market Enterprise Agreement 2014. The approval was granted on the basis that the agreement met all statutory requirements and was beneficial for the employees it covered.

Veolia Environmental Services, NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established