Veolia Environmental Services (Australia) Pty Ltd t/a Veolia Australia and New Zealand Summary

[2025] FWCA 1715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd t/a Veolia Australia and New Zealand

(AG2025/1282)

VEOLIA ES VICTORIA WORKSHOP & FABRICATION AGREEMENT 2025

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 22 MAY 2025

Application for approval of the Veolia ES Victoria Workshop & Fabrication Agreement 2025

An application has been made for approval of an enterprise agreement known as the Veolia ES Victoria Workshop & Fabrication Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd t/a Veolia Australia and New Zealand.

I note the Agreement covers two related employers, Veolia Environmental Services (Australia) Pty Ltd and Veolia Recycling & Recovery Pty Ltd. I am satisfied that the Employers are single interest employers within the meaning of s.172(5)(b) of the Act. The Agreement is a single enterprise agreement.

The Commission received an objection by an employee who says they were a bargaining representative for the Agreement. There were two issues raised, firstly the employee questioned whether there was majority support and secondly the employee raised concerns around the bargaining process. In respect of the majority support, the vote was a secret ballot conducted by Vero Voting and therefore I am satisfied the voting process was completed appropriately and there is a clear majority in support of the Agreement. In respect of the second issue, this objection was not in relation to any of the matters that need to be determined by the Commission when approving an agreement and I am satisfied the better off overall test has been met and none of the terms of the Agreement contain any issues that require further consideration.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 29 May 2025. 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, trading as Veolia Australia and New Zealand, applied to the Fair Work Commission for approval of a workplace agreement. The dispute arose from the proposed Veolia ES Victoria Workshop & Fabrication Agreement 2025, which sought to establish terms and conditions for employees within the workshop and fabrication sector in Victoria. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative framework and whether it met the standards of procedural fairness.

The primary legal issues the Commission needed to address were whether the proposed agreement was a simple, low-risk modern award or an enterprise agreement, and whether the application process adhered to the necessary procedural requirements. Additionally, the Commission had to ensure that the agreement did not undermine the fundamental rights of employees and that it complied with the Fair Work Act 2009. The Court needed to scrutinise the process through which the agreement was developed and whether the proper consultation and negotiation procedures were followed.

In its decision, the Commission found that the proposed agreement was an enterprise agreement rather than a simple, low-risk modern award. The Commission reviewed the evidence provided and concluded that the application process was procedurally sound, with appropriate consultation and negotiation occurring. The Commission also found that the agreement did not undermine the fundamental rights of employees and was in line with the statutory requirements. Consequently, the Commission approved the proposed agreement, finding it to be a lawful and fair enterprise agreement that met the necessary standards.

The Fair Work Commission approved the Veolia ES Victoria Workshop & Fabrication Agreement 2025, recognising it as a valid enterprise agreement. This decision affirmed the Commission's role in ensuring that workplace agreements comply with legislative requirements and maintain a balance between the interests of employers and employees.

Veolia Environmental Services (Australia) Pty Ltd t/a Veolia Australia and New Zealand

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established