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

[2023] FWCA 2467

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

(AG2023/2445)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD – MACKAY ENVIRONMENTAL SERVICES ENTERPRISE AGREEMENT 2023

Waste management industry
COMMISSIONER DURHAM	BRISBANE, 7 AUGUST 2023

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd – Mackay Environmental Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd – Mackay Environmental Services Enterprise Agreement 2023 (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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd – Mackay Environmental Services Enterprise Agreement 2023. The application was made under the Fair Work Act 2009. The dispute arose as Veolia sought to finalise a new enterprise agreement, which would set the terms and conditions of employment for its employees in the Mackay region. The Commission was tasked with determining whether the agreement met the requirements of the Act, including that it was fairly and appropriately negotiated and contained minimum terms and conditions.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, if it contained the minimum terms and conditions as prescribed by the Act, and if it was fair and reasonable in all its aspects. The Commission considered the submissions of both parties, including evidence of the negotiation process, and examined the content of the agreement to ensure it adhered to statutory requirements and was equitable for all employees covered by the agreement. The Commission also assessed whether the agreement appropriately balanced the interests of both employers and employees.

After reviewing the evidence and arguments presented, the Commission found that the agreement had been genuinely negotiated between the parties and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was fair and reasonable in all its aspects, taking into account the economic and social context. Accordingly, the Commission approved the Veolia Environmental Services (Australia) Pty Ltd – Mackay Environmental Services Enterprise Agreement 2023, effective from the date of the decision. This approval formalised the agreement and made it binding on the parties involved, ensuring a stable and fair working environment for the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established