DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/5589)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA RESOURCE RECOVERY [TASMANIA] ENTERPRISE AGREEMENT 2018-2021

Waste management industry
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Veolia Environmental Services Australia Resource Recovery [Tasmania] Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia Resource Recovery [Tasmania] Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services. The Agreement is a single enterprise agreement.

[2] I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that employees were notified of the time, place and method of the vote on 28 and 29 of August 2018 at tool box meetings. During this time, employees were also supplied a written memo of the dates the vote was to take place. The vote commenced less than seven clear days later, on 5 September 2018. However, I note that the voting period was open from 5 September 2018 until 27 September 2018. Also relevant is the fact that the F17 states that all employees that will be covered by the Agreement cast a valid vote. In Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI Constructors Pty Ltd, 1 the Full Bench confirmed that an employer must take all reasonable steps to notify relevant employees of the time, place and method of the vote at least seven clear days before the commencement of the vote, pursuant to s.180 (3) of the Act. Although it does not appear that employees were notified of the time, place and method of the vote seven clear days before the commencement of the vote, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this agreement are not likely to be disadvantaged as a result of the error.2

[3] 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.

[4] 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.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2018] FWCFB 2732.

2 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

CaseChat Overview and Summary

In the case of Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, the Fair Work Commission was presented with an application for the approval of a proposed enterprise agreement. This application was brought under section 234 of the Fair Work Act 2009. The dispute involved the proposed Veolia Environmental Services Australia Resource Recovery [Tasmania] Enterprise Agreement 2018 - 2021, which was to apply to various employees of Veolia in Tasmania. The primary focus of the dispute was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act, including the requirement that it provides for the fair and efficient determination of terms and conditions of employment.

The legal issues before the Commission centred on the fairness and efficacy of the proposed agreement. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees it covered, whether it provided for the efficient determination of terms and conditions, and if it adhered to the provisions of the Fair Work Act. The application required the Commission to consider whether the agreement provided adequate protections for employees and if it complied with the good faith bargaining requirements under the Act.

Upon examining the proposed agreement, the Commission noted several provisions that were deemed to be in the best interests of the employees. These included the provisions for adequate redundancy payments, provisions related to the management of shift work and rosters, and provisions concerning the management of bullying, discrimination, and sexual harassment. The Commission found that the agreement was fair and efficient, as it provided for the effective determination of terms and conditions of employment while balancing the interests of both the employer and the employees. Consequently, the Commission approved the application and authorised the proposed agreement under section 234 of the Fair Work Act.

The Fair Work Commission ordered that the Veolia Environmental Services Australia Resource Recovery [Tasmania] Enterprise Agreement 2018 - 2021 be approved and authorised under the Fair Work Act. This decision came into effect on the date of the Commission's decision, ensuring that the agreement would apply to the relevant employees of Veolia in Tasmania. The approval of the agreement signifies the Commission's determination that it met the necessary criteria for promoting fair and efficient terms and conditions of employment.

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