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

[2022] FWCA 237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/9061)

Veolia Environmental Services Perth Metropolitan Waste Enterprise Agreement 2021 - 2022

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2022

Application for approval of the Veolia Environmental Services Perth Metropolitan Enterprise Agreement 2021 - 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Perth Metropolitan Enterprise Agreement 2021 - 2022 (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 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. 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, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 4 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services, the Fair Work Commission was asked to consider the application for approval of the Veolia Environmental Services Perth Metropolitan Enterprise Agreement 2021-2022. The applicant, Veolia Environmental Services, sought approval of the agreement under section 178 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) and the Australian Services Union (ASU), who raised concerns regarding the terms and conditions of the agreement.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement met the requirements for approval under section 178 of the Fair Work Act. The Commission needed to consider if the agreement contained the necessary minimum terms and conditions, and if it was free from any unfair content as defined by the Act. Furthermore, the Commission was required to ensure that the agreement provided for proper procedures for the resolution of employee disputes and that it was consistent with the principles of the national workplace relations system.

In delivering its decision, the Commission noted that the proposed agreement contained the prescribed minimum terms and conditions and did not include any unfair content. The Commission was satisfied that the agreement provided for adequate dispute resolution procedures and was consistent with the principles of the national workplace relations system. The Commission found that the agreement was in the best interests of the employees covered by it and approved the application for registration of the Veolia Environmental Services Perth Metropolitan Enterprise Agreement 2021-2022.

As a result of the decision, the Fair Work Commission registered the enterprise agreement, making it a legally binding document between Veolia Environmental Services and the employees covered by the agreement. The approved agreement will now serve as the primary source of the terms and conditions of employment for the relevant employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established