Veolia Environmental Services (Australia) Pty Ltd Summary

[2022] FWCA 3897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2022/4449)

Veolia Environmental Services (Australia) Pty Ltd Waste Management Metropolitan (Drivers) Victoria Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2022

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

Veolia Environmental Services (Australia) Pty Ltd has made an application for approval of the Veolia Environmental Services (Australia) Pty Ltd Waste Management Metropolitan (Drivers) Victoria Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Transport Workers' Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the TWU.

The Agreement was approved on 9 November 2022 and, in accordance with s 54, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Waste Management Metropolitan (Drivers) Victoria Enterprise Agreement 2022. The applicant, a transport industry union, opposed the application, arguing that the agreement did not adequately address the interests of the drivers, particularly those on provisional licenses. The case was heard by the Fair Work Commission, an Australian independent statutory body with the authority to make legally binding decisions in employment matters.

The central legal issue before the Commission was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions of employment and if it was made in good faith. The Commission also had to consider whether the agreement covered the necessary bargaining unit and if it provided for the proper resolution of disputes between the parties.

The Fair Work Commission examined the provisions of the agreement and the arguments presented by both parties. The Commission found that the agreement provided fair and reasonable terms and conditions of employment for the drivers, including provisions for provisional license holders. The Commission also found that the agreement was made in good faith and covered the necessary bargaining unit. Furthermore, the Commission was satisfied that the agreement provided for the proper resolution of disputes between the parties. Consequently, the Commission approved the Waste Management Metropolitan (Drivers) Victoria Enterprise Agreement 2022.

The Fair Work Commission approved the Waste Management Metropolitan (Drivers) Victoria Enterprise Agreement 2022, finding that it met the legal criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement provided fair and reasonable terms and conditions of employment for the drivers, including provisional license holders, and was made in good faith. The Commission also found that the agreement covered the necessary bargaining unit and provided for the proper resolution of disputes between the parties.

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