DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2015/6777)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES [BROOKLYN] AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date of the Agreement is 15 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Veolia Environmental Services Pty Ltd to approve an industrial agreement, known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2015 - 2018. The dispute arose from the negotiations between Veolia and the unions representing the employees. The applicants sought approval for the agreement under the Fair Work Act 2009, which requires that certain criteria are met before an agreement can be formally approved by the Commission.

The legal issues the Court needed to address included whether the agreement was made in good faith and whether it contained the necessary protections for employees, such as minimum wages and conditions, redundancy entitlements, and provisions for dispute resolution. The unions argued that the agreement did not adequately protect the employees' interests and did not meet the statutory requirements for approval. Veolia contended that the agreement was fair and balanced and that it had been negotiated in good faith.

The Commission considered the evidence presented by both parties and examined the terms of the agreement in detail. It concluded that the agreement met the statutory requirements for approval and that it was made in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it included appropriate protections for employees. The Commission noted that the agreement had been negotiated over a significant period of time and that both parties had made concessions to reach a mutually acceptable outcome.

The Court approved the agreement, subject to certain modifications to address the unions' concerns. The modifications included amendments to the agreement to ensure that employees were paid a minimum wage and to provide for appropriate redundancy entitlements. The Court also made orders to ensure that the agreement would be properly communicated to all affected employees and that any disputes arising under the agreement would be resolved through the agreed dispute resolution processes.

Veolia Environmental Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established