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

[2016] FWCA 6368

[2016] FWCA 6368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a greenfields agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2016/4243)

VEOLIA ENVIRONMENTAL SERVICES BANKSMEADOW TRANSFER STATION (GREENFIELD) ENTERPRISE AGREEMENT 2016

Waste management industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 SEPTEMBER 2016

Application for approval of the Veolia Environmental Services Banksmeadow Transfer Station (Greenfield) Enterprise Agreement 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Veolia Australia and New Zealand (VANZ) t/a Veolia Environment Services (Australia) Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a greenfields agreement to be known as the Veolia Environmental Services Banksmeadow Transfer Station (Greenfield) Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers Union of Australia NSW Branch (the ‘Union’) and is to cover all employees in the classifications contained in the Agreement and who are to be employed to perform work within the Banksmeadow Transfer Station. The Agreement was made on 2 August 2016. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] In the Employer’s Declaration in support of the application, Ms Monique Irvine, Employee Relations Advisor, identified the Waste Management Award 2010 [MA000043] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Irvine stated that the Agreement provides for higher wages than under the reference instrument and that there are no less beneficial terms. Rates of pay are to be increased by 2% on 1 July 2017 and a further 2% on 1 July 2018. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9 and 10 respectively, and a disputes resolution procedure at clause 22 provides for conciliation and arbitration by the Commission.

[3] At a hearing of the application on 1 September 2016, Ms Monique Irvine,appeared for the applicant and Mr Richard Olsen for the Union. Ms Irvine outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. The Union had filed a Declaration in relation to the application (Form 21) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. I am satisfied that the Union is entitled to represent the industrial interests of the persons to be covered by the Agreement (s 187(5)(a)).
[4] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 186 and 187 in so far as relevant to this application, have been met. Pursuant to s 187(5)(b) of the Act, I am further satisfied that it is in the public interest to approve this Agreement. Accordingly, I approve a single enterprise greenfields agreement known as the Veolia Environmental Services Banksmeadow Transfer Station (Greenfield) Enterprise Agreement 2016. Pursuant to s 54 of the Act, the Agreement shall operate from 8 September 2016 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

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