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
(AG2020/2084)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD – GLADSTONE AND CURTIS ISLAND OPERATIONS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 13 AUGUST 2020

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd – Gladstone and Curtis Island Operations Enterprise Agreement 2020.

[1] Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Employer) has applied for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd – Gladstone and Curtis Island Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australia Workers’ Union (the AWU) regarding the undertakings. I did not receive any correspondence in reply from the AWU to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU 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 AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2020. The nominal expiry date of the Agreement is stated in clause 1.4(b) of the Agreement to be 3 years after the day on which the Agreement is approved by the Fair Work Commission.

COMMISSIONER

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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 – Gladstone and Curtis Island Operations Enterprise Agreement 2020. The applicant sought approval under section 234 of the Fair Work Act 2009, with the application being heard by the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the legal requirements for registration, particularly in terms of meeting the 'better off overall test' and other provisions of the Fair Work Act.

The court had to determine if the proposed enterprise agreement provided employees with a fair and reasonable outcome, ensuring they were no worse off and reasonably better off overall compared to their previous conditions. This involved assessing the financial and non-financial benefits of the agreement against the existing terms and conditions of employment. Additionally, the court examined whether the agreement complied with procedural requirements, including the necessity for proper consultation and the provision of relevant information to the employees.

The Fair Work Commission found that the proposed agreement did indeed meet the requirements of the Act. It was determined that employees would be better off overall due to the financial and other benefits provided in the agreement. The court also confirmed that the consultation process was conducted appropriately and that all necessary information had been provided to the employees. Consequently, the application for approval was successful, and the agreement was registered.

The final order was the approval and registration of the Veolia Environmental Services (Australia) Pty Ltd – Gladstone and Curtis Island Operations Enterprise Agreement 2020 under the Fair Work Act 2009. The agreement became binding on the parties from the date of registration, providing a new framework for the terms and conditions of employment for the relevant employees.

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