| [2022] FWCA 4498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services
(AG2022/4943)
Veolia Environmental Services (Australia) Pty Ltd Commercial Avenue Townsville Employee Agreement 2022
| Waste management industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 DECEMBER 2022 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Commercial Avenue Townsville Employee Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Commercial Avenue Townsville Employee 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.
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.
I note that clause 24.2 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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 27 December 2022. The nominal expiry date of the Agreement is 19 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518652 PR749074>
Annexure A
- AGLC
- Veolia Environmental Services [2022] FWCA 4498
- Case
- [2022] FWCA 4498
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Fair Work Commission was whether the proposed agreement contained all the required terms and conditions as stipulated by the Act, and if it met the standards for good faith bargaining and procedural fairness. Specifically, the Commission had to assess if the agreement was genuinely negotiated and if it provided for minimum entitlements that were no less favourable than those provided by the relevant award or registered agreement.
The Fair Work Commission, after reviewing the submissions from both parties and the evidence presented, found that the proposed agreement contained all the required terms and was the product of genuine negotiations. The Commission was satisfied that the agreement provided for minimum entitlements that were at least as favourable as those provided by the relevant award. The procedural fairness was upheld as the employer had provided adequate information and opportunity for discussion to the employees. Consequently, the Commission approved the application for the agreement.
As a result of the approval, the Veolia Environmental Services (Australia) Pty Ltd Commercial Avenue Townsville Employee Agreement 2022 is now in effect, governing the employment terms and conditions of the employees at the specified location.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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