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

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, Cameron Park Solid Waste Enterprise Agreement 2018-2022. The applicant sought to have the agreement declared as a registered agreement under the Fair Work Act 2009. The agreement, which covered the period from 1 January 2018 to 31 December 2022, included terms and conditions of employment for workers employed in the solid waste industry at the Cameron Park facility in Sydney.

The court had to determine whether the agreement met the requirements of section 231 of the Fair Work Act 2009, including whether the agreement provided for the protection of employees' rights and interests, and whether it was a genuine agreement between the parties. The court also had to consider whether the agreement provided for the proper management of the enterprise, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Furthermore, the court had to consider whether the agreement provided for the appropriate protection of employees' rights and interests in relation to termination of employment, and whether it was consistent with the National Employment Standards.

The court found that the agreement met the requirements of section 231 of the Fair Work Act 2009. The agreement provided for the protection of employees' rights and interests, and was a genuine agreement between the parties. The court was satisfied that the agreement provided for the proper management of the enterprise, and was consistent with the Fair Work (Registered Organisations) Act 2009. The court also found that the agreement provided for the appropriate protection of employees' rights and interests in relation to termination of employment, and was consistent with the National Employment Standards. The court approved the agreement as a registered agreement under the Fair Work Act 2009.

The court ordered that the Veolia, Cameron Park Solid Waste Enterprise Agreement 2018-2022 be approved as a registered agreement under the Fair Work Act 2009, and that the agreement be registered in the Register of Registered Agreements. The applicant was also ordered to provide a copy of the registered agreement to the Fair Work Ombudsman within 28 days of the date of the decision.

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