Veolia Environmental Services (Australia) Pty Ltd Summary

[2022] FWCA 4608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2022/5194)

Veolia Environmental Services (Australia) Pty Ltd Resource Recovery & Waste Management Facilities Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 DECEMBER 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Resources Recovery & Waste Management Facilities Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Veolia Environmental Services (Australia) Pty Ltd Resources Recovery & Waste Management Facilities Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2023. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, sought approval of their 2022 Resources Recovery and Waste Management Facilities Enterprise Agreement. The Fair Work Commission was the court responsible for adjudicating this matter. The application for approval was made by the employer, with the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union acting as the employee representatives. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed agreement and whether these terms complied with the relevant industrial legislation.

The primary legal issues before the Commission were whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the Commission had to ensure that the agreement was made in good faith and that appropriate steps were taken to facilitate genuine bargaining. Substantively, the agreement had to ensure fair and reasonable terms and conditions of employment, and the Commission needed to be satisfied that the agreement would not have an adverse effect on employees' job security or safety.

The Commission considered the evidence and submissions presented by both parties. It was determined that the agreement had been made in good faith and that the bargaining process was appropriate. The Commission found that the proposed terms and conditions were fair and reasonable and would not have an adverse effect on job security or safety. The agreement was approved as it provided for fair and reasonable terms and conditions of employment, and the employer had met the necessary procedural requirements. The Commission also noted that the agreement included provisions for the protection of employees' rights and interests.

The final orders of the Commission were that the Veolia Environmental Services (Australia) Pty Ltd Resources Recovery & Waste Management Facilities Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and the employer and employee representatives were directed to take all necessary steps to give effect to the agreement.

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