Veolia Environmental Services Pty Ltd Summary

[2014] FWCA 2281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2014/5162)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD TOYOTA AWU ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 7 APRIL 2014

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Toyota AWU Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Toyota AWU Enterprise Agreement 2014-2018 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[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] The Agreement was approved on and, in accordance with s.54, will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd, an entity involved in environmental services, sought approval of an enterprise agreement with the Toyota Amalgamated Union (AWU) from 2014 to 2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The AWU, representing the employees, argued that the agreement contained provisions that did not align with the legal standards for enterprise agreements. The FWC had to evaluate the agreement's compliance with the Act, focusing on the fairness and coverage of the provisions.

The primary legal issue the FWC addressed was whether the enterprise agreement contained unfair provisions that would render it non-compliant with the Fair Work Act 2009. The FWC examined the terms and conditions of the agreement, considering whether they met the 'better off overall test' and did not include any unfair content. The FWC's decision hinged on its interpretation of the statutory requirements and the impact of the provisions on the employees' rights and conditions.

In its decision, the FWC found that certain provisions of the agreement did not comply with the Act. The FWC identified that the provisions were not in the best interest of the employees and thus deemed them unfair. Consequently, the FWC did not grant approval for these specific provisions, while affirming the rest of the agreement as compliant. The FWC's reasoning was based on its assessment that the unfair provisions did not meet the necessary standards for fairness and employee protection as required by the Act.

The final orders of the FWC were that the Veolia Environmental Services (Australia) Pty Ltd Toyota AWU Enterprise Agreement 2014-2018 was approved with the exception of the identified unfair provisions. These provisions were declared invalid, and the agreement was to be amended to remove them. The FWC's decision highlighted the importance of ensuring that all provisions of an enterprise agreement meet the statutory requirements for fairness and employee protection.

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