Veolia Environmental Services

[2016] FWCA 3823

[2016] FWCA 3823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services
(AG2016/1349)

VEOLIA ENVIRONMENTAL SERVICES NSW LIQUID WASTE AND TREATMENT ENTERPRISE AGREEMENT 2016

Waste management industry
DEPUTY PRESIDENT BULL	SYDNEY, 21 JUNE 2016

Application for approval of the Veolia Environmental Services NSW Liquid Waste and Treatment Enterprise Agreement 2016

[1] An application has been made by Veolia Environmental Services (Australia) Pty Ltd (the applicant/Veolia) for the approval of an enterprise agreement known as the Veolia Environmental Services NSW Liquid Waste and Treatment Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The application form (F16) names Veolia Environmental Services, NSW as the applicant/employer. Upon enquiry from the Commission, the applicant seeks to amend the applicant to “Veolia Environmental Services (Australia) Pty Ltd”. Pursuant to s.586 of the Act, the application is amended to reflect the correct name of the employer.

[3] The Agreement covers liquid waste and treatment drivers at the applicant’s Veolia Arndell Park site. Pursuant to s.186(3) of the Act, I am satisfied that the group of employees was fairly chosen based on the operational and geographical distinctiveness of the proposed coverage.

[4] The Transport Workers’ Union of Australia, NSW Branch (TWU) being a bargaining representative has filed a statutory declaration (F18) in support of the approval of the Agreement.

Notice of Employee Representational Rights (NERR)

[5] Section 174 of the Act provides a statutory requirement for the NERR to be in the prescribed format, and contain the correct content as per Regulation 2.05 of the Fair Work Regulations 2009 (the Regulations).

[6] Veolia’s submitted NERR replaces the words "your employer" with the name of Veolia’s Employee Relations Advisor (under the sub-heading “Questions”).

[7] In my view, this departure from the prescribed form of the NERR is inconsequential as the content (being the contact details of the employer) of the NERR is correct. 1 I note that the substitution of the employer’s contact details of the submitted NERR is the only deviation from the prescribed NERR as per Regulation 2.05 of the Regulations.

[8] I am satisfied that the NERR meets the requirements under s.174. There is nothing to suggest that the employees under the Agreement have been misled in any way.

Better off overall test (BOOT)

[9] The Waste Management Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act. The Agreement also operates in conjunction with the Award. The Agreement, in comparison to the Award provides significantly higher rates of pay.

Approval

[10] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[11] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[12] The TWU has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[13] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 28 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

 1   See for example Platinum ER Pty Ltd [2014] FWC 6643

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