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
(AG2016/4245)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD RIVERINA REGION WASTE MANAGEMENT (DRIVERS) ENTERPRISE AGREEMENT 2016-2019

Waste management industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 SEPTEMBER 2016

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019.

[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 (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers Union of Australia NSW Branch (the ‘Union’) and is to cover all employees employed by the applicant and who are to be engaged to perform duties on commercial and industrial contracts (excluding domestic or municipal contracts) within the classifications set out in the Agreement. 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 and allowances than under the reference instrument and that there are no less beneficial terms. Rates of pay are to be increased by 2.5% or CPI on 30 June 2017 and a further 2.5% or CPI on 30 June 2018. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for mediation, 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 (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019. 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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd applied for the approval of the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019. The applicants were the employer, while the drivers employed by the company were represented by the Transport Workers Union of Australia (TWU). The dispute centred on the approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the drivers.

The primary legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement contained the minimum terms and conditions as required by the Act, and if it had been fairly and genuinely negotiated between the parties. Furthermore, the commission needed to consider whether the agreement contained any unfair content that would warrant rejection under the Act.

After examining the evidence and submissions presented by both parties, the commission found that the proposed enterprise agreement met the statutory requirements. The commission was satisfied that the agreement contained the minimum terms and conditions and that it had been fairly and genuinely negotiated. The commission also found that there was no unfair content in the agreement that would warrant rejection. Therefore, the commission approved the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019.

As a result of the commission's decision, the enterprise agreement was approved and became legally binding on both the employer and the drivers. The agreement regulated the terms and conditions of employment for the drivers during the specified period of 2016-2019. The commission's decision provided certainty and stability to the employment relationship between the parties and facilitated effective industrial relations within the waste management industry.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established