DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2015/1991)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD FACILITIES MANAGEMENT (MARS) AWU ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 MARCH 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) AWU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) AWU Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Veolia Environmental Services Pty Ltd. The agreement is a greenfields agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Subject to the undertakings, I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 March 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from negotiations between the company and the Australian Workers' Union, which represented employees of the company. The matter was heard by the Fair Work Commission, an Australian federal statutory tribunal, responsible for resolving workplace disputes. The company and the union had reached an agreement, but it required the Commission's approval before it could be implemented.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, if it provided for genuine bargaining, and if it did not unfairly discriminate against any group of employees. The Commission also had to consider if the agreement complied with the provisions of the National Employment Standards and if it was consistent with the overarching principles of the Fair Work Act.

The Commission found that the agreement met all the necessary criteria. It was concluded that the agreement was in the public interest as it provided for a fair and efficient workplace. The Commission was satisfied that the agreement was the product of genuine bargaining and did not unfairly discriminate against any group of employees. Furthermore, the agreement complied with the National Employment Standards and adhered to the principles of the Fair Work Act. As a result, the Commission approved the Veolia Environmental Services (Australia) Pty Ltd Facilities Management (Mars) AWU Enterprise Agreement 2015-2018.

The Fair Work Commission approved the enterprise agreement, allowing it to be implemented between Veolia Environmental Services Pty Ltd and the Australian Workers' Union. The agreement now governs the terms and conditions of employment for the employees of the company, providing a framework for their relationship with the employer. This decision ensures that the agreement complies with the legislative requirements and is in the best interest of both the employees and the employer.

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