DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/7301)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD BUNBURY INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 APRIL 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Bunbury Industrial Services Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Bunbury Industrial Services Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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 Employer. No objection was raised.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 2 April 2023.

DEPUTY PRESIDENT

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 to the Fair Work Commission for the approval of the Veolia Environmental Services (Australia) Pty Ltd Bunbury Industrial Services Enterprise Agreement 2018-2022. The applicant is an employer in the waste services industry, and the dispute involved the terms and conditions of employment for its employees. The Commission, which has jurisdiction under the Fair Work Act 2009, was tasked with assessing whether the enterprise agreement met the requirements for approval.

The primary legal issue was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the terms and conditions of employment, as required, and whether it complied with the "better off overall test" to ensure that no employee would be worse off if the agreement replaced the relevant award. Additionally, the Commission had to determine whether the agreement was genuinely negotiated and whether it contained the necessary procedural fairness provisions.

In its decision, the Commission found that the enterprise agreement complied with the statutory requirements of the Fair Work Act. It was determined that the agreement provided for the terms and conditions of employment, and that the better off overall test was satisfied. The Commission also concluded that the agreement was genuinely negotiated and contained the necessary procedural fairness provisions. Consequently, the Commission approved the enterprise agreement, recognising that it met all the necessary legal criteria for approval.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Bunbury Industrial Services Enterprise Agreement 2018-2022, recognising it as meeting the statutory requirements of the Fair Work Act. The agreement was found to provide for the terms and conditions of employment, satisfy the better off overall test, and be genuinely negotiated with appropriate procedural fairness provisions. This decision provides a clear framework for future enterprise agreements in the waste services industry.

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