DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2021/5412)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NSW UPPER HUNTER INDUSTRIAL ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial 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 Australian Workers’ 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 28 June 2021. The nominal expiry date of the Agreement is 20 June 2023.

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, applied for approval of the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial Enterprise Agreement 2021. The application was heard by the Fair Work Commission, with the primary issue being whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The respondents, including various unions, argued that the agreement did not adequately protect employees' conditions and entitlements.

The legal issues before the Commission involved assessing whether the agreement was a genuine enterprise agreement, whether it contained all the prescribed minimum terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act. The Commission considered whether the agreement had been genuinely negotiated and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission examined if the necessary steps were taken to inform and consult with employees before the agreement was made.

The Fair Work Commission found that the application met the statutory criteria for approval. It was determined that the agreement had been genuinely negotiated between the employer and the employees' representatives. The Commission also found that the agreement contained all the prescribed minimum terms and conditions and that it provided for fair and reasonable terms and conditions for the employees. The procedural requirements of the Fair Work Act were also satisfied. Therefore, the Commission approved the application and authorised the enterprise agreement to be in effect.

The Fair Work Commission's final orders included the approval of the Veolia Environmental Services (Australia) Pty Ltd NSW Upper Hunter Industrial Enterprise Agreement 2021, which was to be registered and published in accordance with the Fair Work Act. The agreement was to commence on the date of registration and would apply to the employees covered by the agreement. The Commission also directed that any variations to the agreement must be made in accordance with the Fair Work Act and that any disputes arising from the agreement must be referred to the Commission for resolution.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established