DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2014/8360)

VEOLIA AUSTRALIA AND NEW ZEALAND GREENACRE TRANSFER STATION ENTERPRISE BARGAINING AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 17 DECEMBER 2014

Application for approval of the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2014. The nominal expiry date of the Agreement is 15 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Veolia Environmental Services Pty Ltd, the Fair Work Commission was tasked with approving the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2014. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was a "better off overall test" agreement. The applicants, Veolia Environmental Services Pty Ltd, argued that the agreement provided necessary improvements to employee conditions, while the respondents raised concerns over specific provisions impacting employee entitlements.

The primary legal issue before the Commission was whether the proposed agreement satisfied the "better off overall test" under section 173 of the Fair Work Act 2009. This required the Commission to assess whether the agreement provided a net benefit to the employees by considering the overall impact on wages, conditions, and other entitlements. Additionally, the Commission had to ensure that the agreement complied with other statutory provisions, including those relating to minimum standards and the protection of vulnerable employees.

The Commission carefully examined the provisions of the agreement, taking into account the submissions from both parties and relevant statutory requirements. It found that while certain provisions raised legitimate concerns, the overall balance of the agreement met the "better off overall test." The Commission concluded that the proposed agreement provided a net benefit to the employees by improving several aspects of their working conditions and entitlements, thereby satisfying the statutory requirements under the Fair Work Act 2009. Consequently, the Commission approved the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2014.

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