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

[2022] FWCA 4507

The attached document wholly replaces the document previously issued with the code [2022] FWC 3303 on 16 December 2022 to correct document referencing.

TF
Associate to Deputy President Beaumont

Dated 19 December 2022

[2022] FWCA 4507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/5033)

Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 DECEMBER 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 16 December 2025.

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 for approval of the Plumbing Enterprise Agreement 2022-2025. The application was made to the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for plumbers within the company, seeking to establish a new agreement to govern their work for the next three years.

The legal issues before the court required consideration of whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring the agreement was a "genuine" enterprise agreement, that it had been made free of any improper conduct, and that it provided for minimum entitlements. The court also needed to determine whether the agreement included terms that were reasonably necessary for the efficient operation of the business or the employees' work.

The court considered the evidence and submissions from both parties and found that the proposed agreement was a genuine enterprise agreement, free from any improper conduct. It was determined that the agreement provided for all the minimum entitlements required by the Fair Work Act and included terms that were reasonably necessary for the efficient operation of the business or the employees' work. The court was satisfied that the agreement had been made in good faith and that the process followed was fair and appropriate.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022-2025. The approved agreement will now govern the terms and conditions of employment for plumbers within the company for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established