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

[2022] FWCA 3685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4125)

Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2022-2024

Waste management industry
DEPUTY PRESIDENT BELL	MELBOURNE, 21 OCTOBER 2022

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2022-2024.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Employer did not notify all employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 21 October 2022 and, in accordance with s.54 of the Act, will operate from 28 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2022-2024 in the Fair Work Commission. The applicant sought to have the agreement, which was made in relation to employees who are classified as "casual employees," approved under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the employees, as it provided for terms and conditions of employment that were fair and reasonable, and met the requirements of the Act.

The legal issues before the Commission were whether the agreement was a "good faith" agreement, whether it contained terms that were fair and reasonable, and whether the agreement met the requirements of the Act. The Commission considered the evidence and submissions from both parties and found that the agreement was a good faith agreement that contained terms that were fair and reasonable. The Commission also found that the agreement met the requirements of the Act.

The Commission approved the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2022-2024. The Commission noted that the agreement provided for a range of terms and conditions of employment, including pay rates, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement was appropriate for the employees and that it met the requirements of the Act. The Commission also noted that the agreement had been made in good faith and that it contained terms that were fair and reasonable. The approval of the agreement means that it will now be the governing agreement for the employees covered by the agreement for the period of 2022-2024.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established