Veolia Environment Services (Australia) Pty Ltd

[2022] FWCA 2892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environment Services (Australia) Pty Ltd

(AG2022/3132)

Veolia Refractories [NSW] Agreement 2022

Building services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2022

Application for approval of the Veolia Refractories [NSW] Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Refractories [NSW] Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 August 2022. The nominal expiry date of the Agreement is 22 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environment Services (Australia) Pty Ltd sought approval of an agreement it had negotiated with a group of its employees, the Veolia Refractories [NSW] Agreement 2022. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the relevant legislative and regulatory provisions, specifically regarding the protection of employee rights and the process for reaching the agreement.

The Commission had to determine if the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an agreement must provide for, at a minimum, the terms and conditions of employment. Additionally, the Commission examined whether the process followed in reaching the agreement adhered to the statutory provisions outlined in Part 2-6 of the Act. This involved scrutinising the bargaining process to ensure it was conducted in good faith and that there was genuine negotiation between the parties.

In its decision, the Commission found that the Veolia Refractories [NSW] Agreement 2022 was compliant with the statutory requirements. The Commission concluded that the agreement provided for the minimum terms and conditions of employment as required by the Act, and the process for reaching the agreement was conducted in good faith and involved genuine negotiation. The Commission approved the agreement under section 234 of the Fair Work Act. The final orders confirmed the approval of the agreement, which will now apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established