| [2024] FWCA 3757 |
| 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
(AG2024/3318)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD PORT KEMBLA WASTE ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 29 OCTOBER 2024 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Port Kembla Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Port Kembla 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 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.
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
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526547 PR780695>
Annexture A
- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd [2024] FWCA 3757
- Case
- [2024] FWCA 3757
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the enterprise agreement provided for terms and conditions that were procedurally and substantively compliant with the Fair Work Act. The Commission needed to assess whether the agreement was fairly negotiated, met the good faith bargaining test, and provided for appropriate minimum terms as required by the Act. Additionally, the Commission had to consider whether the agreement adequately protected the rights and interests of the employees, including provisions for minimum wages and conditions.
The Fair Work Commission examined the application and found that the enterprise agreement was fairly negotiated and met the good faith bargaining test. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the applicable awards or the general safety provisions of the Fair Work Act. The agreement also included provisions for minimum wages, hours of work, and other conditions that were in line with the statutory minimum standards. After considering all the evidence and submissions, the Commission determined that the enterprise agreement was procedurally and substantively compliant with the requirements of the Fair Work Act.
Consequently, the Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Port Kembla Enterprise Agreement 2024, effective from the date of the decision. The agreement was certified and will govern the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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