Veolia Environmental Services Pty Ltd Summary

[2014] FWCA 2727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2014/5734)

VEOLIA ENVIRONMENTAL SERVICES SHELL REFINERY AWU AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 APRIL 2014

Application for approval of the Veolia Environmental Services Shell Refinery AWU Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Shell Refinery AWU Agreement 2014-2017 (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 single-enterprise agreement.

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

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 1 May 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd sought approval for the Veolia Environmental Services Shell Refinery AWU Agreement 2014-2017, which was an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the statutory requirements for approval.

The legal issues the court needed to decide included whether the agreement was in the best interests of the employees, whether it was fairly negotiated, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the court had to consider if the agreement contained the mandated minimum terms and conditions of employment and if it was free from any invalid provisions.

The Fair Work Commission examined the agreement and found it to be in the best interests of the employees, as it provided a fair and reasonable level of remuneration and conditions of employment. The court also found that the agreement had been fairly negotiated and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement contained the mandated minimum terms and conditions of employment and was free from any invalid provisions.

The Fair Work Commission approved the Veolia Environmental Services Shell Refinery AWU Agreement 2014-2017, allowing it to come into effect on the date of the approval. The court found that the agreement met the statutory requirements for approval and was in the best interests of the employees.

Veolia Environmental Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established