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

[2023] FWCA 2147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1915)

VEOLIA NETWORK SERVICES ROCKLEA ENTERPRISE AGREEMENT 2023

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 12 JULY 2023

Application for approval of the Veolia Network Services Rocklea Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Veolia Network Services Rocklea 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 Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement concerning compassionate leave and redundancy are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 19 July 2023. The nominal expiry date of the Agreement is 12 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, the applicant sought approval of the Veolia Network Services Rocklea Enterprise Agreement 2023. The application was heard by the Fair Work Commission, with Commissioner C. Williams presiding. The dispute involved the terms and conditions of employment for employees working at the Rocklea site of the applicant company.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, overtime rates, penalty rates, leave entitlements, and other matters. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party opposing the application.

After reviewing the evidence and submissions, Commissioner Williams concluded that the proposed enterprise agreement was fair and reasonable. The Commission found that the agreement provided for minimum rates of pay and other conditions that were consistent with awards and other agreements in the industry. The agreement also included provisions for leave entitlements, redundancy payments, and other matters that were fair and reasonable. Based on these findings, the Commission approved the Veolia Network Services Rocklea Enterprise Agreement 2023.

The Fair Work Commission approved the Veolia Network Services Rocklea Enterprise Agreement 2023, effective from the date of the decision. The applicant is authorised to implement the agreement, and it will apply to the employees covered by the agreement. The Commission's decision is final and binding, and no further objections can be raised regarding the agreement's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established