Veolia Environmental Services (Australia) Pty Ltd

[2025] FWCA 389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/54)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD HUNTER INDUSTRIAL OUTSIDE MARKET ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 3 FEBRUARY 2025

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Hunter Industrial Outside Market Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Hunter Industrial Outside Market Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd applied for approval of a proposed enterprise agreement with its employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission, comprising a panel of members, was tasked with determining if the agreement contained the necessary provisions and if it was fairly and appropriately negotiated.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandated terms and conditions and complied with the Fair Work Act. The Commission needed to consider if the agreement was certified as genuine and if it met the requirements for authorisation by the Fair Work Commission. Additionally, the Commission examined if the agreement was appropriately negotiated and if it included all the necessary provisions for a valid enterprise agreement.

The Commission found that the proposed agreement contained all the required terms and conditions and was genuinely negotiated. The agreement was approved as it included all necessary provisions and was in compliance with the Fair Work Act. The Commission concluded that the agreement was fairly and appropriately negotiated, meeting all legal requirements for approval.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Hunter Industrial Outside Market Enterprise Agreement 2024, finding it to be genuine and appropriately negotiated. The agreement was authorised to commence on the date of the approval and will apply to the relevant employees. The Commission's decision was based on the agreement meeting all legal requirements and being fairly negotiated, thus providing a valid framework for the employment relationship between Veolia Environmental Services (Australia) Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established