Veolia Environmental Services (Australia) Pty Ltd Summary

[2023] FWCA 235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2022/5488)

VEOLIA AUSTRALIA AND NEW ZEALAND GREENACRE TRANSFER STATION ENTERPRISE BARGAINING AGREEMENT 2018 - 2022

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 JANUARY 2023

Application for approval of the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022

An application has been made for approval of an enterprise agreement known as the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 15 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022. The agreement related to the employment conditions of certain employees within the waste management industry. The application was made under section 234 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the best outcomes for the employees it covers, having regard to a range of factors including the need to ensure fairness for employers and employees.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for the best outcomes for the employees, whether it was free from prohibited content, and whether it had been fairly negotiated. The Commission considered submissions from the parties and evidence provided, including expert evidence on industry standards and economic conditions.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. The agreement provided for the best outcomes for the employees, taking into account factors such as the need to ensure fairness for employers and employees, and the economic and employment conditions in the industry. The Commission also found that the agreement was free from prohibited content and had been fairly negotiated. The Commission approved the agreement, which will now be registered with the Fair Work Commission and will apply to the employees covered by it.

The Commission made orders approving the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022 and registering it with the Fair Work Commission. The orders also included provisions for the agreement to be published on the Fair Work Commission's website and for the parties to provide notice of the agreement to affected 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