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

[2021] FWCA 6622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2021/7840)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) NSW INDUSTRIAL FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the Veolia Environmental Services (Australia) NSW Industrial Facilities Management Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) NSW Industrial Facilities Management Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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, sought approval of the Veolia Environmental Services (Australia) NSW Industrial Facilities Management Enterprise Agreement 2021. The applicant and the respondent, the Shop, Distributive and Allied Employees' Association NSW and ACT, had reached an agreement on the terms of employment for industrial facilities management employees within the company's New South Wales operations. The application was heard in the Fair Work Commission, presided over by Deputy President J M D Rintoul.

The central legal issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, the process through which it was negotiated, and its compliance with the 'better off overall test'. This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions of employment. Additionally, the commission needed to consider whether the agreement contained all the mandated terms and conditions as per the Act, and whether it was in the public interest to approve the agreement.

The commission found that the agreement was appropriately negotiated and met the necessary statutory requirements. The 'better off overall test' was satisfied as the majority of employees would benefit from the new agreement. The commission was satisfied that all mandated terms and conditions were included, and that the approval of the agreement was in the public interest. Consequently, the commission approved the enterprise agreement, confirming its compliance with the relevant legislative framework.

The final order of the commission was that the Veolia Environmental Services (Australia) NSW Industrial Facilities Management Enterprise Agreement 2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This approval is effective from the date of registration and binding upon all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established