| [2022] FWCA 3494 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2022/4139)
Veolia Environmental Services (Australia) Pty Ltd Portland Aluminium Industrial Services Enterprise Agreement 2022
| Waste management industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 10 OCTOBER 2022 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Portland Aluminium Industrial Services Enterprise Agreement 2022.
Veolia Environmental Services T/A Veolia Environmental Services (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Portland Aluminium Industrial Services Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 10 October 2022 and, in accordance with s.54, will operate from 17 October 2022. The nominal expiry date of the Agreement is 10 October 2025.
COMMISSIONER
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- AGLC
- Veolia Environmental Services T/A Veolia Environmental Services (Australia) Pty Ltd [2022] FWCA 3494
- Case
- [2022] FWCA 3494
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the agreement was fairly negotiated and if it contained the minimum terms and conditions as required by the Fair Work Act. The Court had to examine the evidence presented to determine if the process of negotiation was free from coercion, undue influence or other unfair practices. It also had to assess if the agreement provided for the minimum entitlements such as wages, leave, and other conditions of employment as outlined in the Act.
In reaching its decision, the Court considered the submissions from both parties, the evidence of the negotiation process and the contents of the agreement. The Court found that the agreement was the result of genuine negotiations between the parties and contained all the required minimum terms and conditions. The Court was satisfied that the process was conducted in a manner that was procedurally fair and that the agreement met all the statutory requirements for approval. The Court concluded that the applicant had demonstrated that the agreement was in the best interests of the employees and approved the agreement accordingly.
The Court ordered that the Veolia Environmental Services (Australia) Pty Ltd Portland Aluminium Industrial Services Enterprise Agreement 2022 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to be registered by the Commission and would come into effect on the date of registration. The Court noted that the agreement would remain in force until superseded by a new agreement or until terminated in accordance with the Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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