Veolia Environment Services (Australia) Pty Ltd Summary

[2022] FWCA 922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Veolia Environment Services (Australia) Pty Ltd

(AG2022/589)

Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 16 MARCH 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environment Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Transport Workers’ Union of Australia, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environment Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the North West Victoria Resource Recovery & Facilities Enterprise Agreement 2021. The dispute centred on the fairness and suitability of the proposed agreement for the employees under its purview. The Fair Work Commission was tasked with assessing the agreement under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to resolve involved whether the agreement met the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was made in good faith, and that it provided fair terms and conditions of employment for the affected employees. The Commission also needed to determine whether the agreement complied with the relevant national employment standards.

The Fair Work Commission found that the agreement was made in good faith and met the necessary procedural requirements. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, considering the specific circumstances and needs of the workforce. The agreement also adhered to the national employment standards, and thus was deemed suitable for approval. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission's final orders included the approval of the North West Victoria Resource Recovery & Facilities Enterprise Agreement 2021, which would now be applicable to the employees of Veolia Environment Services (Australia) Pty Ltd as of the specified commencement date. The Commission also ordered that the agreement be registered and published as required by the Fair Work Act.

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