Veolia Environmental Services

[2021] FWCA 7204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2021/8574)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD ROCKLEA ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 22 DECEMBER 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Rocklea Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Rocklea 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 Environmental Services (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting the undertakings referred to above, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[6] The Agreement is approved and as provided by the Agreement, will operate from 21 January 2022. The nominal expiry date of the Agreement is 22 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Veolia Environmental Services (Australia) Pty Ltd Rocklea Enterprise Agreement 2021. The applicant, Veolia Environmental Services, sought approval of the enterprise agreement under the Fair Work Act 2009. The applicant aimed to ensure that the terms of the agreement were fair and consistent with the legislative framework governing industrial relations in Australia.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the required minimum terms and conditions, whether it was free from prohibited content, and whether it was made in good faith. Additionally, the Commission had to determine whether the agreement provided for a proper process for the resolution of employee disputes.

The Fair Work Commission found that the Veolia Environmental Services (Australia) Pty Ltd Rocklea Enterprise Agreement 2021 satisfied the criteria for approval. The Commission noted that the agreement contained all the required minimum terms and conditions and was free from any prohibited content. Furthermore, the Commission was satisfied that the agreement was made in good faith and provided an appropriate process for the resolution of employee disputes. In light of these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Rocklea Enterprise Agreement 2021. The approval was made effective from the date of the decision, ensuring that the agreement could be implemented as intended. The Commission's decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established