DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/4307)

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

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 APRIL 2021

Application for variation of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Drivers) Metropolitan 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) Metropolitan 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] 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 employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] 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 26 March 2018. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 29 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, sought to vary the Waste Management (Drivers) Metropolitan Enterprise Agreement 2018, which governs the terms and conditions of employment for its drivers. The application was heard by the Fair Work Commission (FWC) in Australia. The primary issue before the FWC was whether the proposed variations to the agreement met the statutory requirements under the Fair Work Act 2009, specifically in terms of the process followed and the merits of the changes.

The FWC examined whether the applicant had followed the correct procedural steps in proposing the variations, including providing the required notices and engaging in good-faith negotiations with the relevant unions. Additionally, the court considered whether the proposed changes were in the interest of achieving a fair and efficient workplace, as mandated by the Act. The applicant argued that the changes were necessary to improve operational efficiency and respond to economic pressures, while the unions contended that the proposed changes would adversely affect the drivers' working conditions and job security.

The FWC found that the applicant had not strictly adhered to the procedural requirements, particularly in terms of the timing and content of the notices provided. Despite this, the FWC acknowledged the need for the changes to address operational challenges and considered the merits of the proposed variations. Ultimately, the FWC decided that while some of the proposed changes were justifiable, others did not sufficiently meet the criteria for variation. The FWC approved certain variations but rejected others, ensuring a balanced outcome that considered both the employer's needs and the employees' rights.

The final orders included the approval of specific variations to the enterprise agreement, while rejecting others. The FWC also directed the applicant to remedy the procedural shortcomings in its notice process. This decision highlights the importance of adhering to statutory requirements when proposing changes to enterprise agreements and the need for a balanced approach in considering the interests of both employers and employees.

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