Veolia Environmental Services (Australia) Pty Ltd

[2021] FWCA 2562

[2021] FWCA 2562

FAIR WORK COMMISSION

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

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