DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2020/1692)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA COMMERCIAL SERVICES [TASMANIA] ENTERPRISE AGREEMENT 2020 - 2023

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JULY 2020

Application for approval of the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020 - 2023.

[1] Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020 – 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application, by filing an amended Agreement. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative 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.

[5] On the basis of the material contained in the amended 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 20 July 2020 and, in accordance with s.54, will operate from 27 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020-2023. The applicant, a waste management company, and the union representing its employees had negotiated the terms of the agreement, which covered wages, conditions of employment, and other matters. The dispute arose over whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the Act. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms and conditions prescribed by the Act, and if it had been genuinely negotiated and agreed upon by both parties. The union argued that the agreement did not adequately cover certain aspects of employee entitlements, while the applicant contended that the agreement was comprehensive and fairly negotiated.

The Commission examined the provisions of the agreement and found that it included all the mandatory terms required by the Act. However, the Commission identified some deficiencies in the agreement's coverage of certain employee entitlements. Despite these shortcomings, the Commission concluded that the agreement was genuinely negotiated and agreed upon by both parties, and that the benefits of approving the agreement outweighed any deficiencies. Accordingly, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020-2023, finding that it met the statutory requirements for approval despite some deficiencies in its coverage of employee entitlements. The Commission's decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and adequately cover all mandatory terms and conditions.

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