Veolia Environmental Services (Australia) Pty Ltd

[2022] FWCA 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2022/723)

Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MARCH 2022

Application for the approval of Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 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 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 1 January 2025.

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 the approval of the Industrial Services Fabrications Enterprise Agreement 2022. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and whether it was appropriate to be registered as a registered agreement. The parties involved were Veolia Environmental Services (Australia) Pty Ltd and the employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the formal requirements of the Fair Work Act, including whether it was in writing, had been made by the relevant employer and the relevant union or included terms that did not discriminate against any person or group, and whether the agreement was made in good faith and without coercion. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it appropriately balanced the interests of the employer and employees.

The Commission found that the agreement met all the formal requirements of the Fair Work Act and was made in good faith and without coercion. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and appropriately balanced the interests of the employer and employees. The Commission noted that the agreement provided for a structured approach to pay progression and included provisions for consultation and dispute resolution. The Commission concluded that the agreement was appropriate to be registered as a registered agreement and approved the agreement under section 232 of the Fair Work Act.

The Fair Work Commission approved the Industrial Services Fabrications Enterprise Agreement 2022 as a registered agreement. The agreement was registered on the date of the Commission's decision and became effective from 1 July 2022. The registration of the agreement means that it will apply to all employees covered by the agreement, and the terms and conditions of the agreement will be legally binding on both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established