DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services NSW
(AG2016/409)

VEOLIA ARNDELL PARK SOLID WASTE ENTERPRISE AGREEMENT 2015

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 MARCH 2016

Approval of the Veolia Arndell Park Solid Waste Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Arndell Park Solid Waste Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[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. To the extent necessary and pursuant to s.185(3)(b) of the Act, I extend the period in which the application may be made.

[3] The Transport Workers’ Union of Australia, 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) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and will operate from 17 March 2016. The nominal expiry date of the Agreement is 1 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Veolia Environmental Services NSW, the Fair Work Commission was tasked with approving the Veolia Arndell Park Solid Waste Enterprise Agreement 2015. The agreement was submitted by Veolia Environmental Services, a company engaged in waste management and recycling, and the Australian Manufacturing Workers' Union, representing the employees of Veolia Environmental Services. The dispute centered on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issue was whether the proposed agreement met the requirements for "enterprise agreements" under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient system for determining employees' terms and conditions of employment and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement provided for a fair and efficient system for determining employees' terms and conditions of employment, including provisions for classification, wages, and conditions of employment. The agreement also included appropriate dispute resolution mechanisms, such as negotiation and mediation, before escalating to the Commission for resolution. The Commission concluded that the agreement was in the best interests of the employees covered by it, as it provided for fair wages, reasonable working conditions, and effective dispute resolution mechanisms. Accordingly, the Commission approved the Veolia Arndell Park Solid Waste Enterprise Agreement 2015.

The Commission's decision to approve the agreement was based on the evidence presented and the legal principles established under the Fair Work Act. The Commission found that the agreement met the statutory requirements for enterprise agreements and was in the best interests of the employees. The final orders of the Commission were to approve the Veolia Arndell Park Solid Waste Enterprise Agreement 2015, which will now be binding on the parties involved.

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