Veolia Environmental Services (Australia) Pty Ltd

[2019] FWCA 4920

[2019] FWCA 4920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/1962)

VEOLIA, CAMERON PARK SOLID WASTE ENTERPRISE AGREEMENT 2018-2022

Waste management industry
COMMISSIONER HUNT	BRISBANE, 19 JULY 2019

Application for approval of the Veolia, Cameron Park Solid Waste Enterprise Agreement 2018-2022

[1] Veolia Environmental Services (Australia) Pty Ltd (Veolia) has applied for approval of an enterprise agreement known as the Veolia, Cameron Park Solid Waste Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Veolia, and as a result, Veolia has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Transport Workers’ Union (TWU) regarding the undertakings provided by Veolia; the TWU being a bargaining representative for the Agreement. The TWU elected not to provide its views on the concerns raised by the Commission and on Veolia’s written undertakings.

[3] 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The TWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A