DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/6731)

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

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Drivers) Metropolitan Enterprise Agreement 2018.

[1] Veolia Environmental Services (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Drivers) Metropolitan Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 March 2019 and, in accordance with s 54, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

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 Waste Management (Drivers) Metropolitan Enterprise Agreement 2018. The application arose from a dispute between the employer and the union representing the drivers, who were seeking to have the enterprise agreement certified. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions of the Fair Work Act, including the mandatory bargaining requirements and the good faith obligation of the parties. Specifically, the Commission had to assess whether the agreement was negotiated in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to determine if the union had genuinely represented the drivers during the negotiation process.

The Fair Work Commission found that the enterprise agreement was negotiated in good faith and contained the requisite minimum terms and conditions. The Commission determined that the union had genuinely represented the drivers, fulfilling the mandatory bargaining obligations. Consequently, the Commission approved the Waste Management (Drivers) Metropolitan Enterprise Agreement 2018, deeming it compliant with the requirements of the Fair Work Act. The Commission's decision was based on the evidence presented regarding the negotiation process and the content of the agreement.

The Fair Work Commission approved the Waste Management (Drivers) Metropolitan Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the drivers represented by the union, subject to any future amendments or revisions in accordance with the statutory framework.

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