DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2021/229)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD MURRIN MURRIN ENTERPRISE AGREEMENT 2020 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 MARCH 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024.

[1] Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and based on the material contained in the application and accompanying declarations, 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.

[5] The Agreement is approved and, in accordance with s 54, will operate from 1 April 2021. The nominal expiry date of the Agreement is 25 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter Number: AG2021/229

Applicant: Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024

Section 185 — Application for approval of a single enterprise agreement

Undertaking — Section 190

I, Melissa Ausage, Human Resource Business Partner have the authority given to me by Veolia Environmental Services (Australia) Pty Ltd to give the following undertakings with respect to the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024 ("the Agreement"):

1. For the purposes of the National Employment Standards a shiftworker is an employee who:(a) works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the 7 days of the week; and (b) who is regularly rostered to work on Sundays and public holidays.

2. For the avoidance of doubt, Clauses 11 and 16 shall be construed and applied as operating in accordance with the National Employment Standards of the Fair Work Act 2009 (Cth).

3. Clause 20.7 is amended to remove the requirement for an employee to return all company property prior to receiving any final payments.

4. All employees engaged to work shift work (afternoon shift or night shift), to work on a public holiday and to work on weekends (Saturday and Sunday), will be engaged for a minimum of 12 hours per day/shift, therefore relevant additional hours allowances and/ or shift loading will apply.
5. In accordance with Clause 8.3(a) when additional hours are worked by an employee in excess of 7.6 ordinary hours per day, Monday to Sunday, employees will receive 150% for the first two hours of overtime and 200% thereafter. In addition to the above, all employees will also receive an additional hours allowance and/or shift loading per day/shift where applicable, in accordance with below table:

ADDITIONAL HOURS ALLOWANCE	RATE
Grade 1 (Monday - Friday)	$5.00
Grade 2 (Monday - Friday)	$8.00
Grade 3 (Monday - Friday)	$30.00
Grade 4 (Monday - Friday)	$50.00
Grade 5 (Monday - Friday)	$90.00
Saturday (All Grades)	$175.00
Sunday (All Grades)	$205.00
Public Holiday (All Grades)	$300.00
Shift Loading	Percentage
Shift Loading (All Grades)	5%

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Date

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services sought approval of the Murrin Murrin Enterprise Agreement 2020 - 2024. The matter was heard by Deputy President Rimmer. The company, an employer under the Fair Work Act 2009, applied for an approval order in respect of the enterprise agreement which was registered by the Australian Building and Construction Commission on 14 September 2020. The applicant sought to extend the agreement's duration by a year to 31 July 2025.

The central legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act for approval and registration. This included whether the agreement was made in good faith, contained terms that were fair and reasonable, and had been properly registered. The applicant argued that the agreement had been made in good faith and contained terms that were fair and reasonable. The applicant also provided evidence of the agreement's proper registration by the Australian Building and Construction Commission. The applicant argued that the agreement should be approved as it met all the legal requirements for approval.

The Deputy President found that the enterprise agreement had been made in good faith and contained terms that were fair and reasonable. The Deputy President also found that the agreement had been properly registered by the Australian Building and Construction Commission. The Deputy President approved the application for an order approving the enterprise agreement and extending its duration to 31 July 2025. The Deputy President noted that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and employees and was in the interests of fairness and efficiency in the workplace. The Deputy President also noted that the agreement provided for the protection of employees' rights and interests and was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the application for an order approving the enterprise agreement and extending its duration to 31 July 2025. The Deputy President found that the enterprise agreement met all the legal requirements for approval and registration and was in the interests of fairness and efficiency in the workplace.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established