Veolia Environmental Services (Australia) Pty Ltd

[2014] FWCA 3084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/947)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) QUEENSLAND (COMMERCIAL SERVICES) ENTERPRISE AGREEMENT 2014-2017

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 9 MAY 2014

Application for approval of the Veolia Environmental Services (Australia) Queensland (Commercial Services) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Queensland (Commercial Services) Enterprise Agreement 2014 - 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Workers’ Union and Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2014. The nominal expiry date of the Agreement is 15 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Veolia Environmental Services (Australia) Pty Ltd, the Fair Work Commission was asked to approve the Veolia Environmental Services (Australia) Queensland (Commercial Services) Enterprise Agreement 2014 - 2017. The application was made by the employer under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the scope of the proposed agreement. The employees, represented by the United Voice union, opposed the application on various grounds, including that the proposed agreement did not adequately protect employees' entitlements and that it did not provide for adequate consultation and negotiation processes.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the provisions for employee consultation and the fairness of the terms and conditions it proposed. The Commission needed to consider whether the agreement provided for genuine bargaining, whether it met the "better off overall test", and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission had to evaluate whether the agreement complied with the "good faith" requirement and whether it was in the best interests of the employees.

After reviewing the submissions from both parties and considering the evidence presented, the Commission found that the proposed agreement did not meet the statutory requirements under the Fair Work Act. The Commission noted that the agreement did not adequately protect the employees' entitlements and did not provide for sufficient consultation and negotiation processes. The Commission also found that the proposed agreement did not achieve the better off overall test as it did not offer employees a fair and reasonable package of terms and conditions. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Veolia Environmental Services (Australia) Queensland (Commercial Services) Enterprise Agreement 2014 - 2017 be dismissed. The Commission directed that the existing enterprise agreement, the Queensland Waste Management (Waste Collection) Multi Enterprise Agreement 2013, would continue to apply until a new agreement was made that met the statutory requirements. The Commission further instructed the parties to engage in further negotiations to reach an agreement that would be fair and reasonable for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established