Veolia Environmental Services (Australia) Pty Ltd T/A Veolia

[2022] FWCA 1051

[2022] FWCA 1051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia

(AG2022/811)

Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 28 MARCH 2022

Application for termination of the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017

1. On 21 March 2022, Veolia Environmental Services (Australia) Pty Ltd T/A Veolia (Veolia or the Applicant) filed an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Veolia Environmental Services (Australia) Pty Ltd Waste Management (Resource Recovery & Waste Management Facilities) Enterprise Agreement 2014-2017 (the Agreement).

1. The Agreement has a nominal expiry date of 31 January 2017. The Agreement has now passed its nominal expiry date.

1. Section 226 of the Act states:

“226      When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a)       the FWC is satisfied that it is not contrary to the public interest to do so; and

(b)       the FWC considers that it is appropriate to terminate the agreement 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.”

1. The Agreement does not currently cover any employees. The Australian Workers’ Union (AWU) is a party to the Agreement. On 22 March 2022, my Associate sent an email to the AWU requesting that they express any views they have in relation to the application for termination by 25 March 2022. I have received no objections from the AWU.

1. I have considered the information provided in the application by Veolia pursuant to section 225 of the Act. This includes the Statutory Declaration by Mr Richard Hesketh, National Workplace Relations Manager, dated 21 March 2022. Mr Hesketh makes the following submissions in relation to the approval of termination:

·   As part of an operational restructure, Veolia negotiated two new enterprise agreements (AE428214 and AE515362) to cover the employees who were previously covered by the Agreement.

·   The Agreement is now redundant, and by making an application to terminate the Agreement, the Applicant is seeking to avoid unintended consequences of having a redundant agreement in operation.

·   Terminating the Agreement will ensure that Veolia is able to maintain an up to date register of current enterprise agreements, and is not burdened with maintaining skills and knowledge of enterprise agreements which are defunct, and no longer suitable for the business’ operating model.

1. I am satisfied as to each of the matters contained in section 226 of the Act. I find that it is not contrary to the public interest to terminate the Agreement and that it is appropriate to terminate the Agreement taking into account the views of the employer, the AWU, and the employees covered by the agreement (noting that there are none) and the effect that the termination will have upon each of them.

1. In accordance with section 224 of the Act, the termination will come into effect on the date of this decision.

COMMISSIONER

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