DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/2936)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD BRISBANE (COMMERCIAL SERVICES) ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Brisbane (Commercial Services) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Brisbane (Commercial Services) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. 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, 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 October 2018 and, in accordance with s.54, will operate from 9 November 2018. The nominal expiry date of the Agreement is 10 October 2021.

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 approval of the Brisbane (Commercial Services) Enterprise Agreement 2018. The application for approval was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment of certain employees within the commercial services division of Veolia's Brisbane operations. The Fair Work Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to consider if proper consultation and negotiation processes were followed in the development of the agreement. Substantively, the Commission examined whether the agreement contained terms that were fair and reasonable, and whether it complied with the "better off overall test" under the Act. This test ensures that employees are not worse off financially or in terms of conditions when the agreement is applied.

The Commission found that the agreement was made following appropriate consultation and negotiation processes. It determined that the agreement was fair and reasonable, meeting all statutory requirements. The Commission was satisfied that the agreement would not result in employees being worse off overall, as it included provisions that improved various terms and conditions of employment. Consequently, the Commission approved the agreement under section 234 of the Act.

The Fair Work Commission approved the Brisbane (Commercial Services) Enterprise Agreement 2018. The approval was effective from the date of the Commission's decision, ensuring that the agreement would govern the employment terms and conditions of the relevant employees. The decision was made in accordance with the Fair Work Act and the principles of industrial fairness and reasonableness.

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