Veolia Environment Services (Australia) Pty Ltd Summary

[2024] FWCA 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Environment Services (Australia) Pty Ltd

(AG2024/964)

VEOLIA REGIONAL MUNICIPAL DRIVERS ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER PERICA	MELBOURNE, 17 APRIL 2024

Veolia Regional Municipal Drivers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Regional Municipal Drivers Enterprise Agreement 2023 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 6 September 2023. It follows the Amending Act genuine agreement provisions apply.

Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 14 March 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement contains a flexibility term that does not meet s 203(2)(b) of the Act. Pursuant to s 202(4), the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 17 April 2024. It will operate from 24 April 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Veolia Environment Services (Australia) Pty Ltd, a waste management company, faced a dispute with its employees represented by the Transport Workers Union of Australia. The case revolved around the terms and conditions of the Veolia Regional Municipal Drivers Enterprise Agreement 2023. The dispute was brought before the Fair Work Commission (FWC), which has jurisdiction over enterprise agreements and workplace disputes in Australia.

The legal issues before the Commission included the interpretation of various clauses in the Enterprise Agreement, particularly those relating to pay rates, working hours, and the handling of casual employees. The company argued that certain clauses were ambiguous and needed clarification to avoid confusion and ensure fair application. The union, on the other hand, contended that the existing terms were clear and should be enforced as written.

The Commission examined the language of the Enterprise Agreement, the context in which it was negotiated, and the intentions of the parties at the time of its creation. The FWC found that certain clauses were indeed ambiguous and required clarification to prevent potential disputes and ensure compliance with the agreement. The Commission issued orders to amend the relevant clauses to reflect the true intentions of the parties and provide clarity on the disputed terms. This decision aimed to resolve the ambiguity and facilitate a harmonious working relationship between the company and its employees.

Veolia Environment Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established