Veolia Environmental Services

[2024] FWCA 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Veolia Environmental Services

(AG2024/3117)

VEOLIA ENVIRONMENTAL SERVICES BLUESCOPE HASTINGS & AWU AGREEMENT 2024

Waste management industry
COMMISSIONER ALLISON	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024

Veolia Environmental Services (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024 (the Agreement).

The Australian Workers’ Union, 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 Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

The Agreement is silent regarding shift penalties for non-continuous shiftwork, which are provided for at clause 33.2(e) of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Noting clause 3 of the Agreement which incorporates the Award, I am satisfied that the provision of the Award in relation to non-continuous shiftwork will apply, when relevant, to employees covered by the Agreement.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024, notwithstanding the date specified in clause 5 of the Agreement. The nominal expiry date of the Agreement is 17 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, Veolia Environmental Services sought approval for the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024. The dispute involved the terms of the proposed enterprise agreement and its alignment with the Fair Work Act 2009. The Australian Workers’ Union (AWU) and BlueScope Steel, the employer, were the other parties involved. The crux of the case was to determine whether the agreement met the criteria for approval under the Act, including whether it facilitated, promoted, or improved the terms and conditions of employment.

The court needed to examine whether the agreement was a bona fide enterprise agreement, as defined in the Act, and if it was made in good faith. The issues included whether the agreement adequately represented the employees' interests and if it provided for the fair resolution of disputes. Additionally, the court had to assess whether the agreement contained terms that were considered to be against the public interest or contrary to the spirit of the Act.

The court concluded that the agreement was a bona fide enterprise agreement that met the requirements of the Fair Work Act. The terms were found to be fair and reasonable, representing the employees' interests effectively. The court noted that the agreement contained provisions for the fair resolution of disputes and did not contravene the public interest. Consequently, the court approved the agreement, finding it to be in compliance with the statutory requirements.

As a result of the court's decision, the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024 was approved, becoming legally binding for the specified period. This decision ensures that the terms of employment are fairly negotiated and agreed upon, fostering a balanced relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established