DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/4402)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD RIVERINA REGION WASTE MANAGEMENT (DRIVERS) ENTERPRISE AGREEMENT 2016-2019

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2021

Application for variation of the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016 - 2019 (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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for a variation of the Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019. The application sought changes to the agreement to allow for the employment of casual drivers under specific conditions. The union representing the drivers contested the application, arguing that the proposed changes would negatively impact the drivers' employment conditions and job security.

The legal issues before the Commission involved whether the proposed changes to the enterprise agreement were in the best interests of the drivers and whether they met the criteria for a variation as set out in the Fair Work Act 2009. The central issue was whether the changes would lead to improved efficiency and productivity without significantly disadvantaging the drivers. The Commission had to balance the employer's need for flexibility with the drivers' right to fair and just employment conditions.

After reviewing the evidence and submissions from both parties, the Commission determined that the proposed changes would not significantly disadvantage the drivers and were in their best interests. The Commission found that the changes would allow the employer to better manage workforce needs and improve operational efficiency. The changes included provisions for better communication and consultation between the employer and the drivers, as well as provisions for the fair treatment of casual drivers. The Commission approved the variation of the enterprise agreement with the specified conditions.

The Fair Work Commission varied the Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019 to allow for the employment of casual drivers under the specified conditions. The variation included provisions for improved communication and consultation between the employer and the drivers, as well as provisions to ensure the fair treatment of casual drivers. The union's concerns about job security and employment conditions were addressed through these provisions, leading to the approval of the application.

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