DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Limited
(AG2021/7573)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD CAMERON PARK MAINTENANCE ENTERPRISE AGREEMENT 2021-2024

Waste management industry
COMMISSIONER MATHESON	SYDNEY, 14 OCTOBER 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2021-2024 (Agreement). The application was made by Veolia Environmental Services (Australia) Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). I am satisfied that the effect of accepting the Undertaking 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] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[4] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< AE513507 PR734878>

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Limited applied to the Fair Work Commission for approval of the Cameron Park Maintenance Enterprise Agreement 2021-2024. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of Veolia, specifically those working in the Cameron Park facility.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for minimum rates of pay and conditions, and whether it was made in good faith and without coercion. The Commission also needed to determine whether the agreement was appropriate for the workforce it covered, considering factors such as the nature of the work, the industry, and the bargaining power of the parties.

The Commission found that the agreement met the statutory requirements and was appropriate for the workforce. The agreement provided for minimum rates of pay and conditions, and the Commission was satisfied that it was made in good faith and without coercion. The Commission also found that the agreement was appropriate for the workforce, taking into account the nature of the work, the industry, and the bargaining power of the parties. The agreement was approved, and the Commission made an order approving the Cameron Park Maintenance Enterprise Agreement 2021-2024.

Veolia Environmental Services (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established