Veolia Environmental Services

[2023] FWCA 33

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services

(AG2022/5147)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY. LTD. INDUSTRIAL SERVICES CFMMEU/CEPU POWER STATIONS SITES ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 5 JANUARY 2023

Application for approval of the Veolia Environmental Services (Australia) Pty. Ltd. Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty. Ltd. Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CFMMEU and CEPU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and in accordance with s.54, will operate from 12 January 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veolia Environmental Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was centred around the approval of an enterprise agreement between Veolia and the union for its power stations sites. The matter was heard in the Fair Work Commission. The legal issues before the Commission involved whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act 2009. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and if it met the requirements for being a lawful enterprise agreement.

The Fair Work Commission considered various aspects of the proposed agreement, including the terms and conditions, the process by which the agreement was negotiated, and the views of the employees and employer. The Commission took into account the principles of good faith bargaining and the need for the agreement to be fair and reasonable. It also assessed whether the agreement provided for appropriate protections and benefits for employees. The Commission found that the agreement was fair and reasonable, and it met the requirements for being a lawful enterprise agreement. The Commission concluded that the agreement was in the best interests of the employees and approved it.

Following its findings, the Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2022. The approval ensures that the terms and conditions set out in the agreement will apply to the relevant employees and employers. The agreement provides for a framework for the negotiation and determination of terms and conditions of employment, and it sets out the rights and obligations of both parties. The approval of the agreement is a significant step forward in the ongoing relationship between Veolia and the union, and it provides a foundation for continued good faith bargaining and cooperation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established