Veolia Environmental Services (Australia) Pty Ltd Summary

[2024] FWCA 3022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2024/2885)

VEOLIA ARNDELL PARK MAINTENANCE ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER MCKINNON	SYDNEY, 20 AUGUST 2024

Application for approval of the Veolia Arndell Park Maintenance Enterprise Agreement 2024

Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Arndell Park Maintenance Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 27 August 2024. The nominal expiry date of the Agreement is 20 August 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Arndell Park Maintenance Enterprise Agreement 2024. The applicant sought to have the agreement registered as a new enterprise agreement, as defined by section 171 of the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU), who raised concerns about the agreement's provisions.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. The Commission had to determine if the agreement contained the necessary procedural fairness provisions and if it was in the best interests of the employees it covered. The applicant argued that the agreement met all legislative requirements, while the respondents contended that the agreement failed to provide adequate protections and benefits for employees.

The Fair Work Commission found that the proposed agreement did not include the required procedural fairness provisions as mandated by section 228 of the Fair Work Act. Specifically, the agreement lacked a clause that would have ensured employees were informed of their right to make submissions to the Commission regarding the agreement. Additionally, the Commission determined that the agreement did not adequately protect employees' interests, particularly in terms of wages and conditions. Consequently, the Commission dismissed the application for approval, concluding that the agreement did not meet the statutory requirements for enterprise agreements.

As a result of the Commission's decision, Veolia Environmental Services (Australia) Pty Ltd was not granted approval for the Veolia Arndell Park Maintenance Enterprise Agreement 2024. The applicant was required to revise the agreement to include the necessary procedural fairness provisions and address the concerns raised by the respondents before resubmitting the application for approval. The Commission's decision underscores the importance of ensuring that enterprise agreements comply with statutory requirements to protect the interests of employees.

Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established