| [2025] FWCA 681 |
| 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 (Australia) Pty Ltd
(AG2025/227)
VEOLIA BRISBANE & GOLD COAST (COLLECTIONS SERVICES) ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER DURHAM | BRISBANE, 20 FEBRUARY 2025 |
Application for approval of the Veolia Brisbane & Gold Coast (Collections Services) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Veolia Brisbane & Gold Coast (Collections Services) Enterprise Agreement 2024 (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 (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Waste Management Award 2020 is taken to be a term of the Agreement and will be read in conjunction with clause 7.2 of the Agreement.
Noting the undertakings provided and clause 1.2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
On 17 February 2025, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 1.5. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Transport Workers’ Union NSW/QLD (Interim Governance) Branch (TWU) and the Australian Workers’ Union (AWU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU and AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2027.
COMMISSIONER
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- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd [2025] FWCA 681
- Case
- [2025] FWCA 681
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the enterprise agreement provided for terms and conditions that were no worse than those provided under the applicable awards, and whether the agreement met the "better off overall test." This involved assessing the financial and non-financial benefits of the agreement against the status quo and whether the agreement provided fair compensation to the employees.
The Commission found that the enterprise agreement did indeed comply with the statutory requirements. The Commission considered the evidence provided by both parties, including the financial analysis and the impact on the employees. It was determined that the employees would be better off overall with the agreement, taking into account both the financial and non-financial benefits. The Commission approved the enterprise agreement, finding it met the necessary legal criteria.
The Fair Work Commission approved the Veolia Brisbane & Gold Coast (Collections Services) Enterprise Agreement 2024, confirming its compliance with the statutory requirements under the Fair Work Act. The Commission's decision was based on the comprehensive assessment of the evidence presented, leading to the conclusion that the agreement was in the best interests of the employees.
Orders
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Background
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Evidence
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Ratio Decidendi
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