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

[2023] FWCA 572

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

(AG2023/261)

Veolia Environmental Services Campbelltown Agreement 2022

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 FEBRUARY 2023

Application for approval of the Veolia Environmental Services Campbelltown Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Campbelltown Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Pty Ltd. 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 as are relevant to this application for approval have been met.

I note that Clauses 20.2(c) (Notice), 20.2(b)(ii) (Definition of immediate family) and 23 (Compassionate Leave) are likely to be inconsistent with the National Employment Standards. However, noting clause 5 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 Transport Workers’ Union, 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 Union.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, for the approval of the Veolia Environmental Services Campbelltown Agreement 2022. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the workers covered by the agreement, and whether the agreement met the requirements for registration as a certified agreement.

The key legal issues the Commission needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a minimum rate of pay that met the safety net standards, and whether the agreement contained provisions that were fair and reasonable in all respects. The Commission also needed to determine whether the agreement had been made in accordance with the relevant procedures and whether it met the threshold for employee support.

The Commission found that the Veolia Environmental Services Campbelltown Agreement 2022 provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a minimum rate of pay that met the safety net standards, and that it contained provisions that were fair and reasonable in all respects. The Commission also found that the agreement had been made in accordance with the relevant procedures, and that it met the threshold for employee support. Accordingly, the Commission approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act.

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