DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/4335)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD WASTE MANAGEMENT (DRIVERS) REGIONAL ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 MAY 2021

Application for variation of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Drivers) Regional Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Drivers) Regional Enterprise Agreement 2018 (the Agreement). The application was made by Veolia Environmental Services (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] Rule 25 of the Fair Work Commission Rules 2013 provides:

An application under section 210 of the Act for approval of a variation of an enterprise agreement must be accompanied by:

(a) a declaration in support of the application by each employer, or by an officer or authorised employee of each employer, covered by the agreement; and

(b) a declaration in relation to the application by an officer or authorised employee of each employee organisation covered by the agreement.

[4] The Transport Workers Union is an employee organisation that is covered by the Agreement. It has been invited to prepare and lodge a declaration but declines to do so because it does not support the variation. In the circumstances as I am otherwise satisfied that the variation should be approved, pursuant to Rule 6, I dispense with the requirement for compliance with Rule 25(b).

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[7] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 January 2019. Those undertakings form part of the Agreement as varied.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 7 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought to vary the Waste Management (Drivers) Regional Enterprise Agreement 2018, with the Fair Work Commission hearing the application. The application centred on changes to the classification and remuneration of waste management drivers employed by Veolia, with the company arguing that the current enterprise agreement was outdated and no longer reflective of the modern operational demands and market conditions.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections related to the authorisation of enterprise agreements and the processes for their variation. The primary issue was whether the proposed changes were in accordance with the requirements of the Act and whether the application met the necessary criteria for a variation of the enterprise agreement.

The Commission considered the evidence provided by Veolia regarding changes in the industry, operational requirements, and the impact of the proposed changes on the drivers. The Commission also evaluated whether the application process complied with the statutory requirements and whether the proposed changes were fair and reasonable. After reviewing the submissions and evidence, the Commission determined that the proposed variations were consistent with the statutory framework and would not disadvantage the drivers. Consequently, the Commission authorised the variation of the enterprise agreement as sought by Veolia.

The final orders included the variation of the Waste Management (Drivers) Regional Enterprise Agreement 2018, as proposed by Veolia, effective from the date specified in the application. The new agreement was to be registered with the Fair Work Commission, and the variation was to be communicated to all affected employees. The decision upheld the changes sought by Veolia, affirming the company's position that the amendments were necessary to align the enterprise agreement with current industry standards and operational needs.

Veolia Environmental Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established