Veolia Environmental Services (Australia)pty Ltd Summary

[2022] FWCA 3994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia)pty Ltd

(AG2022/4466)

Veolia Environmental Services (Australia) Pty Ltd Regional Victoria Waste Collections Drivers Enterprise Agreement 2022

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Regional Victoria Waste Collections Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Regional Victoria Waste Collections Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia)pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval of the Regional Victoria Waste Collections Drivers Enterprise Agreement 2022 from the Fair Work Commission. The agreement sought to regulate the employment terms and conditions of waste collection drivers in the regional Victoria area. The application was contested by the Transport Workers Union of Australia, which argued that the proposed agreement did not adequately address several issues, including pay rates, penalty rates, and working conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections that require the agreement to be in good faith, provide for the terms and conditions of employment, and ensure that the agreement does not undermine the safety and health of employees. Additionally, the Commission needed to determine whether the agreement met the requirements for "better off overall" and if it adequately reflected the principles of enterprise bargaining.

The Commission found that the proposed agreement was in good faith and met the requirements of the Fair Work Act. The agreement provided for the terms and conditions of employment, including pay rates and penalty rates, and did not undermine the safety and health of employees. The Commission also determined that the agreement met the "better off overall" test, as it provided for improvements in pay and conditions that outweighed any potential disadvantages. The Commission noted that the agreement reflected the principles of enterprise bargaining, as it was the result of negotiations between the employer and the union. The Commission approved the Veolia Environmental Services (Australia) Pty Ltd Regional Victoria Waste Collections Drivers Enterprise Agreement 2022, subject to certain minor amendments.

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