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

[2022] FWCA 4385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4899)

Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 DECEMBER 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 - 2026 (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 as are relevant to this application for approval have been met.

I note that Clause 13.1.4 may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 12 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Pilbara Enterprise Agreement 2022 – 2026, proposed by Veolia Environmental Services (Australia) Pty Ltd. The parties to the dispute were Veolia Environmental Services (Australia) Pty Ltd, represented by their employer’s legal team, and the union representing the employees, who argued that the proposed agreement did not adequately protect employees' rights and conditions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily focused on whether the proposed agreement provided for the employees’ minimum entitlements and whether it was appropriately certified as a single interest employee agreement. The union argued that the agreement did not sufficiently address various employee protections, including minimum wage rates, penalty rates, and redundancy provisions. The employer, on the other hand, contended that the agreement was fair and met all legal requirements for an enterprise agreement.

The Commission considered the arguments from both sides and examined the provisions of the proposed agreement in detail. It was noted that the agreement included provisions for minimum wage rates and penalty rates that aligned with or exceeded the relevant awards. The Commission also found that the agreement contained adequate provisions for redundancy, including notice periods and severance payments. After careful consideration, the Commission determined that the proposed agreement met the requirements for approval under the Fair Work Act 2009, and accordingly, it granted approval for the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 – 2026.

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