DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2020/399)

VEOLIA ENVIRONMENTAL SERVICES CLYDE TRANSFER STATION ENTERPRISE AGREEMENT 2019-2021

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 APRIL 2020

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 2 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, and its employees. The dispute pertains to the application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2019-2021. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it contained appropriate mechanisms for dispute resolution, and whether it complied with the good faith bargaining requirements.

The Commission examined the process by which the agreement was negotiated, including the conduct and communications between the parties. It assessed whether the agreement provided adequate protections and benefits for the employees, and whether it allowed for fair and effective dispute resolution. Furthermore, the Commission considered the evidence provided by both parties to determine if the agreement was made in good faith, as required by the Act. The Commission found that the agreement was genuinely negotiated, contained appropriate dispute resolution mechanisms, and was made in good faith, thus meeting the criteria for approval.

Based on its findings, the Commission approved the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2019-2021, acknowledging the efforts of both parties in reaching a fair and balanced agreement. The approval ensures that the agreement will govern the employment terms and conditions of the employees for the specified period, providing a framework for their working relationship with the employer. The Commission's decision underscores the importance of adhering to the legislative requirements for enterprise agreements to ensure they are beneficial and fair to all parties involved.

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