Veolia Environmental Services (Australia) Pty Ltd Summary

[2025] FWCA 593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2024/5280)

VEOLIA ENVIRONMENTAL SERVICES CLYDE TRANSFER STATION ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER CRAWFORD	SYDNEY, 14 FEBRUARY 2025

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

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 Clyde Transfer Station Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, seeking to have the agreement registered as a single-enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the agreement did not meet the requirements for registration and approval as a single-enterprise agreement. The legal issues before the Commission were whether the application met the criteria for approval under the Fair Work Act, specifically if the agreement provided for the terms and conditions of employment of the employees covered by the agreement and if the application was made in accordance with the provisions of the Act.

The Commission examined the application and the agreement in detail, considering the arguments presented by both parties. The Commission found that the application was made in accordance with the requirements of the Act, and that the agreement provided for the terms and conditions of employment of the employees covered by the agreement. The Commission was satisfied that the agreement met the requirements for approval as a single-enterprise agreement and approved the application. The Commission noted that the agreement provided for a range of terms and conditions of employment, including pay rates, leave entitlements, and working hours. The Commission was satisfied that the agreement was fair and reasonable, and that it provided for the proper management of the workplace.

In approving the application, the Commission made an order under section 234(2) of the Fair Work Act that the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2024 be registered as a single-enterprise agreement. The order also provided that the agreement would be in effect from the date of registration and would remain in effect until it was terminated or replaced by a new agreement. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it reflects the Commission's commitment to ensuring that enterprise agreements are fair and reasonable and provide for the proper management of workplaces.

Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established