Veolia Environmental Services (Australia) Pty Ltd

[2022] FWCA 383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/9230)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA SCAFFOLDING [TASMANIA] ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 FEBRUARY 2022

Application for approval of the Veolia Environmental Services Australia Scaffolding [Tasmania] Enterprise Agreement 2022.

[1] Veolia Environmental Services (Australia) Ply Ltd Tasmania has applied for approval of a single enterprise agreement known as the Veolia Environmental Services Australia Scaffolding [Tasmania] Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 8 February 2022 and, notwithstanding clause 2 and in accordance with s.54, will operate from 15 February 2022. The nominal expiry date of the Agreement is 8 February 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd sought approval of the Veolia Environmental Services Australia Scaffolding [Tasmania] Enterprise Agreement 2022. The dispute arose over the terms and conditions outlined in the proposed agreement, which the company intended to apply to its employees in the scaffolding industry in Tasmania. The commission was required to determine whether the agreement met the necessary legal standards and whether it was fair and reasonable for the employees it covered.

The legal issues before the commission included whether the agreement provided for proper bargaining, whether it complied with the relevant federal workplace laws, and whether it contained all the mandated terms and conditions. Additionally, the commission had to assess whether the agreement was in the best interests of the employees, considering their rights and protections under the Fair Work Act 2009.

The commission found that the agreement was the result of proper bargaining and that it complied with all relevant federal workplace laws. It was determined that the agreement contained all mandated terms and conditions and was fair and reasonable for the employees it covered. The commission noted that the agreement provided for a reasonable balance of rights and obligations, ensuring that employees were adequately protected while allowing the company to operate effectively. Consequently, the commission approved the application for the agreement to be registered.

The final orders of the commission were that the Veolia Environmental Services Australia Scaffolding [Tasmania] Enterprise Agreement 2022 be approved and registered. The agreement was to commence on the date of the decision and would apply to the relevant employees as specified in the agreement. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established