| [2024] FWCA 4670 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd
(AG2024/4969)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD CAMERON PARK MAINTENANCE ENTERPRISE AGREEMENT 2024
| Vehicle industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 24 DECEMBER 2024 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2024
Introduction
Veolia Environmental Services (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 August 2024 and the Agreement was made on 29 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
National Employment Standards (NES) Precedence Term
Clause 5.4 of the Agreement states that employees may be required to work on a public holiday. However, the clause does not provide a mechanism for an employee to refuse this work if the refusal is reasonable, as is stipulated by s.114 of the Act and accordingly the clause may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 1.3 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187, and 188
I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2028.
DEPUTY PRESIDENT
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- AGLC
- Veolia Environmental Services (Australia) Pty Ltd [2024] FWCA 4670
- Case
- [2024] FWCA 4670
- Decision Date
CaseChat Overview and Summary
The court was required to assess whether the agreement was made in good faith, whether it was properly certified, and if it contained the necessary provisions regarding minimum entitlements and dispute resolution. Additionally, the court had to consider whether the agreement was fair and reasonable, taking into account the interests of both the employer and employees. This involved examining whether the agreement provided for a proper balance of rights and obligations between the parties.
The Fair Work Commission found that the proposed agreement was made in good faith and was properly certified. The court considered the terms of the agreement, including wages, hours of work, and other employment conditions, and concluded that the agreement was fair and reasonable. The agreement was found to provide for a proper balance of rights and obligations between the employer and employees. Consequently, the court approved the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2024.
In its decision, the Fair Work Commission approved the agreement, recognising its compliance with the legal requirements under the Fair Work Act 2009. The approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, thereby providing a framework for their employment relationship.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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