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

[2020] FWCA 3650

[2020] FWCA 3650

FAIR WORK COMMISSION

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
(AG2020/1579)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD – MACKAYOPERATIONS ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER HUNT	BRISBANE, 14 JULY 2020

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd - Mackay 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 - Mackay 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.

[3] There were no bargaining representatives to the Agreement to which I could seek the views of pursuant to s.190(4) of the Act. However, I raised with the Employer that the Transport Workers’ Union (the TWU) is covered by an earlier enterprise agreement being the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014. On 6 July 2020, the Employer advised my chambers that the employees who are to be covered by the Agreement and employed at the time of the distribution of the NERR indicated that they wished to revoke the TWU as their bargaining representative. On 9 July 2020, and out of an abundance of caution I considered it prudent to seek the views of the TWU pursuant to s.190(4) of the Act regarding the undertakings given that copies of the written revocation of the TWU as the employees’ bargaining representative (as per s.178A(2) of the Act) had not been provided by the Employer to the Commission. On 13 July 2020, the TWU wrote to my chambers advising that it supports the undertakings provided and will not be seeking to be covered by the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2020. The nominal expiry date of the Agreement is stated in clause 4.2 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: