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

[2022] FWCA 2305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/2084)

VEOLIA ENVIRONMENTAL SERVICES KU-RING-GAI DOMESTIC WASTE, RECYCLING & GREEN WASTE SERVICES ENTERPRISE AGREEMENT 2022-2024

Waste Management Industry
COMMISSIONER P RYAN	SYDNEY, 11 JULY 2022

Application for approval of the VEOLIA ENVIRONMENTALSERVICES KU-RING-GAI DOMESTIC WASTE, RECYCLING & GREENWASTE SERVICES ENTERPRISE AGREEMENT 2022-2024

Veolia Environmental Services (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services Ku-Ring-Gai Domestic Waste, Recycling and Green Waste Services Enterprise Agreement 2022-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

National Employment Standards (NES)

I observe that clause 9.6 of the Agreement may be inconsistent with the NES. However, noting clause 3 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representative

The Transport Workers Union (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) of the Act, I note that the Agreement covers the TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 14 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission for approval of the Veolia Environmental Services Ku-ring-gai Domestic Waste, Recycling & Greenwaste Services Enterprise Agreement 2022-2024. The applicant sought to have the agreement, which was negotiated between the applicant and the Australian Manufacturing Workers' Union, approved as a new enterprise agreement. The application was contested by the Australian Manufacturing Workers' Union. The central legal issues before the Commission involved whether the agreement was an enterprise agreement within the meaning of the Fair Work Act 2009 and whether it was made in good faith. The Commission found that the agreement was an enterprise agreement as it contained terms and conditions of employment, and was not an agreement for the purposes of the Fair Work Act 2009. The Commission further found that the agreement was made in good faith and was therefore approved.

The Fair Work Commission examined the process by which the agreement was negotiated and whether the parties had acted in good faith. The Commission found that the agreement was negotiated in good faith, and that the parties had acted fairly and reasonably in the negotiation process. The Commission also found that the agreement contained appropriate mechanisms for dispute resolution and was in the best interests of the employees. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The applicant's application was accordingly approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established