Veolia Environmental Services (Australia) Pty Ltd T/A Veolia
[2022] FWCA 1590
•23 MAY 2022
| [2022] FWCA 1590 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia
(AG2022/1265)
Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019
| Waste management industry | |
| COMMISSIONER O’NEILL | MELBOURNE, 23 MAY 2022 |
Application for termination of the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019
On 28 April 2022, Veolia Environmental Services (Australia) Pty Ltd (the Applicant) applied to terminate the Veolia Environmental Services (Australia) Pty Ltd Riverina Region Waste Management (Drivers) Enterprise Agreement 2016-2019 (the Agreement) pursuant to section 225 of the Fair Work Act 2009 (Cth) (the Act).
The Agreement has passed its nominal expiry date of 30 June 2019.
Background
The Applicant is the sole employer covered by the Agreement. The Agreement covers the Applicant’s Waste Division Operations within the Riverina Region of New South Wales with respect to employees engaged to perform duties on commercial and industrial contracts within the classifications set out at Schedule One of the Agreement.
The application was supported by a statutory declaration of Richard Hesketh, National Workplace Relations Manager, dated 28 April 2022. A further statutory declaration made by Mr Hesketh was provided on 12 May 2022.
The material filed by the Applicant establishes that:
· On 13 April 2022, the Applicant explained to the two employees covered by the Agreement that it was seeking to terminate the Agreement;
· On 20 April 2022, the two employees voted in favour of terminating the Agreement;
· On 11 May 2022, a notice was distributed to the two employees, giving them an opportunity to provide their views to the Commission. Copies of this notice were signed by each employee and lodged with the Commission on 12 May 2022 to confirm that each employee had read and received the notice; and
· The two employees presently covered by the Agreement will be covered by the Waste Management Award 2020.
The Transport Workers’ Union of Australia is covered by the Agreement and does not object to the application to terminate the Agreement.
Consideration
In relation to s.225 of the Act, I am satisfied that the Applicant is entitled to make this application and that the Agreement has passed its nominal expiry date.
In relation to s.226, I am required to terminate the Agreement if (a) I am satisfied that it is not contrary to the public interest to do so, and (b) if I consider it appropriate taking into account all the circumstances including:
(i)the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and
(ii)the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.
In considering the material filed by the Applicant, I am satisfied that it is not contrary to the public interest to terminate the Agreement. As outlined above, the views of the TWU were sought and it does not oppose the application. The views of the employees were also sought and none were received. Further, the Applicant submits that it has 117 enterprise agreements and is seeking to consolidate and terminate agreements which no longer serve any operational purpose. I am satisfied that the likely effect that the termination of the Agreement will have on both the Applicant and its employees will be a streamlined set of terms and conditions that better reflect the Applicant’s current operations.
I am satisfied that the requirements of s.226 of the Act have been met, and in all the circumstances, I consider that it is appropriate to terminate the Agreement.
The Agreement is terminated effective from today.
COMMISSIONER
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