| [2024] FWCA 670 |
| 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
(AG2024/246)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL TOMAGO AFM ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER DURHAM | BRISBANE, 20 FEBRUARY 2024 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Tomago AFM Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Tomago AFM Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 6(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
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- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services [2024] FWCA 670
- Case
- [2024] FWCA 670
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission had to determine was whether the agreement provided for fair and portable terms and conditions, as mandated by section 230 of the Act. This included assessing whether the agreement met the minimum entitlements and allowed for individual flexibility agreements, while ensuring it did not undermine the safety and health provisions of the relevant industrial instruments. The Commission also had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act.
The Commission concluded that the proposed agreement was fair and portable, providing for appropriate minimum terms and conditions. The agreement included provisions that allowed for individual flexibility agreements, which the Commission found did not undermine the safety and health provisions of the relevant industrial instruments. The Commission was satisfied that the agreement was made in good faith and complied with the procedural requirements of the Act. Consequently, the Commission approved the Veolia Environmental Services (Australia) Pty Ltd Industrial Tomago AFM Enterprise Agreement 2024.
The Fair Work Commission approved the agreement, emphasising its compliance with the statutory requirements for fair and portable agreements. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the Fair Work Act 2009. The approval of the agreement was made effective from the date of the Commission's decision.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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