Veolia Environmental Services

[2021] FWCA 5998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2021/7364)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD GOLD COAST (COLLECTION SERVICES) ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 SEPTEMBER 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Gold Coast (Collection Services) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Gold Coast (Collection Services) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 October 2021. The nominal expiry date of the Agreement is 23 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Gold Coast (Collection Services) Enterprise Agreement 2021. The application was opposed by the Australian Services Union, National Officer. The parties had been engaged in enterprise bargaining for over two years. The Commission was required to consider whether the terms of the proposed agreement were in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the proposed agreement were "in accordance with the provisions of the Act". The Commission considered whether the terms of the agreement met the requirements of the "better off overall test" (BOOT). The Commission found that the proposed agreement was not in accordance with the provisions of the Act because it did not meet the BOOT. The Commission found that the proposed agreement did not provide employees with a sufficient increase in wages, which was a key issue for the union. The Commission also found that the proposed agreement did not provide sufficient protections for employees in relation to redundancy and termination.

The Commission did not approve the proposed agreement. The Commission found that the proposed agreement did not provide employees with a sufficient increase in wages and did not provide sufficient protections for employees in relation to redundancy and termination. The Commission ordered that the proposed agreement be returned to the parties for further negotiation. The Commission's decision was based on its finding that the proposed agreement did not meet the requirements of the BOOT and was not in accordance with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established