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

[2023] FWCA 410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5622)

VEOLIA ENVIRONMENTAL SERVICES WOODLAWN BIOREACTOR AND BIO-ENERGY PLANT ENTERPRISE AGREEMENT 2022-2026

Waste management industry
DEPUTY PRESIDENT EASTON	PERTH, 9 FEBRUARY 2023

Application for approval of the Veolia Environmental Services Woodlawn Bioreactor and Bio-energy Plant Enterprise Agreement 2022-2026.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Employer) has made an application for the approval of the Veolia Environmental Services Woodlawn Bioreactor and Bio-energy Plant Enterprise Agreement 2022-2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission for the approval of the Veolia Environmental Services Woodlawn Bioreactor and Bio-energy Plant Enterprise Agreement 2022-2026. The applicant sought to have the agreement registered under the Fair Work Act 2009, as it was entered into in good faith and in accordance with the procedures required by the Act. The application was made in the context of a dispute between the applicant and certain employees represented by the Australian Manufacturing Workers' Union.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the statutory requirements for approval. This involved assessing whether the agreement was made in good faith, whether it was entered into in accordance with the prescribed processes, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to determine if the agreement would have the desired effect of facilitating a productive workplace relationship, and whether the agreement was likely to promote workplace harmony.

The Fair Work Commission found that the enterprise agreement was made in good faith and adhered to the procedural requirements set out in the Fair Work Act. The Commission considered the evidence provided by both the applicant and the union, and was satisfied that the agreement contained the minimum terms and conditions required by the Act. Furthermore, the Commission concluded that the agreement would facilitate a productive workplace relationship and promote workplace harmony. Consequently, the application for the approval of the enterprise agreement was successful.

The Fair Work Commission approved the Veolia Environmental Services Woodlawn Bioreactor and Bio-energy Plant Enterprise Agreement 2022-2026, and registered it under the Fair Work Act. The agreement will now govern the employment conditions of the employees covered by the agreement, providing them with the minimum terms and conditions as well as any additional provisions agreed upon by the parties.

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