DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2017/4190)

VEOLIA ENVIRONMENTAL SERVICES KU-RING-GAI DOMESTIC WASTE, RECYCLING & GREEN WASTE SERVICES EBA 2017

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 15 NOVEMBER 2017

Application for approval of the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 14 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd recently applied to the Fair Work Commission for approval of the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2017. The application was made under the Fair Work Act 2009 and opposed by the Australian Council of Trade Unions and the Professional Fire Brigade Employees Association. The dispute involved the terms and conditions of employment for workers in the domestic waste, recycling, and green waste services industry in the Ku-Ring-Gai area of New South Wales.

The central legal issue before the Commission was whether the Enterprise Bargaining Agreement (EBA) complied with the requirements of the Fair Work Act, particularly whether it met the "better off overall test" (BOOT). This test requires that the employees be no worse off financially and at least as well off financially and in terms of conditions as they would be under the applicable award. The Commission needed to consider whether the EBA provided employees with improved terms and conditions compared to the relevant award, without rendering them worse off overall.

In delivering its decision, the Commission examined the terms and conditions proposed in the EBA, comparing them against the applicable award. It found that the EBA offered employees better financial terms and conditions in several areas, including wages, leave entitlements, and superannuation. The Commission also considered the nature of the industry and the specific circumstances of the employees in the Ku-Ring-Gai area. After thorough analysis, the Commission concluded that the EBA met the BOOT and approved the agreement. The approval ensures that the employees benefit from the improved terms and conditions while maintaining compliance with the Fair Work Act.

The final orders of the Commission were that the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling & Green Waste Services EBA 2017 be approved as a registered EBA under the Fair Work Act, effective from the date of the decision. This approval allows the EBA to operate and provides a framework for the terms and conditions of employment for the relevant workers in the specified industry.

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) 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