Veolia Environmental Services (Australia) Pty Ltd

[2013] FWCA 9043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/11350)

VEOLIA ENVIRONMENTAL SERVICES CLYDE TRANSFER STATION ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2013 (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 Company). The agreement is a single-enterprise agreement.

[2] On 13 November 2013 undertakings were provided by the Company’s NSW General Manager, Employee Relations, Mr M Whybrow, in relation to clause 9 (Flexibility) and clause 10 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Veolia Environmental Services (Australia) Pty Ltd and the Transport Workers Union. The dispute was centered on the approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2013. The matter was heard and determined by the Fair Work Commission, which is tasked with resolving employment-related disputes and ensuring the fair treatment of employees in Australia.

The primary legal issue that the Commission had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it had been made in good faith. Additionally, the Commission had to ensure that the agreement complied with the 'better off overall test', which requires that employees be no worse off financially under the new agreement compared to their previous conditions.

In its decision, the Commission found that the proposed agreement did not adequately address certain aspects of employee entitlements, particularly in relation to overtime and penalty rates. The Commission also noted that the agreement did not sufficiently account for the potential impact on employee work-life balance. Consequently, the Commission rejected the application for approval of the agreement, stating that it did not meet the necessary standards for fair and reasonable terms and conditions. The Commission emphasised the importance of ensuring that agreements provide for fair treatment and do not disadvantage employees.

As a result of the decision, the proposed enterprise agreement was not approved, and the existing conditions of employment continued to apply. The Commission's ruling underscored the necessity for enterprise agreements to be carefully crafted to meet legal requirements and to protect the interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established