Veolia Environmental Services (Australia) Pty Ltd

[2014] FWCA 7304

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/7628)

VEOLIA ENVIRONMENTAL SERVICES, QUEENSLAND MACKAY WASTE MANAGEMENT OPERATIONS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 16 OCTOBER 2014

Application for approval of the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] Veolia Environmental Services (Australia) Pty Ltd has provided a signed written undertaking, in relation to clause 2.3.5 - Flexibility. I have also received a supporting email from the Transport Workers’ Union of Australia (TWU). I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The TWU 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, will operate from 23 October 2014. The nominal expiry date is three (3) year from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the opposition raised concerns about the agreement's provisions concerning the classification and remuneration of employees, working conditions, and the dispute resolution process.

The Fair Work Commission examined whether the agreement contained the minimum terms and conditions required by law, including those relating to minimum wages, penalty rates, and annual leave. The Commission also assessed whether the agreement was made in good faith and without coercion and whether it provided a safety net for employees. The Transport Workers Union of Australia argued that the proposed agreement did not adequately protect employees' rights and interests, particularly in relation to overtime provisions and the classification of certain roles.

After considering the evidence and arguments presented by both parties, the Fair Work Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement provided a safety net for employees, contained the minimum terms and conditions required by law, and was made in good faith. The Commission also noted that the agreement included provisions for dispute resolution that were consistent with the Fair Work Act. As a result, the application for approval was granted.

The Fair Work Commission approved the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014, subject to certain conditions and modifications to address specific concerns raised by the opposition. The approved agreement will now apply to the employees covered by the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established