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

[2024] FWCA 2831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/2741)

VEOLIA ENVIRONMENTAL SERVICES MUJA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 1 AUGUST 2024

Application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2024

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services Muja Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. 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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Notwithstanding anything in clause 2.3(1) of the Agreement, Delegates rights will be in accordance clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 as varied from time to time.

Clause 2.3(3) of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 August 2024. The nominal expiry date of the Agreement is 1 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Veolia Environmental Services (Australia) Pty Ltd trading as Veolia Environmental Services (Australia) Pty Ltd, an application was brought before the Fair Work Commission for approval of the Veolia Environmental Services Muja Enterprise Agreement 2024. The applicant, Veolia, sought to have the agreement, which was negotiated with the Australian Manufacturing Workers' Union, approved as a registered agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness of the negotiation process and whether the agreement met the necessary requirements for registration.

The legal issues before the Commission included whether the negotiation process was conducted in good faith and whether the agreement contained all the mandatory terms required by the Fair Work Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees it covered and if it complied with the statutory provisions regarding enterprise agreements. The application required the Commission to scrutinise the negotiation process and the contents of the agreement to ensure it met the legal standards for approval.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement contained all the mandatory terms required by the Act. The Commission was satisfied that the agreement was in the best interests of the employees and met the statutory requirements for registration. The Commission noted that while there were some minor issues identified during the process, they did not undermine the overall fairness or compliance of the agreement. As a result, the Commission approved the Veolia Environmental Services Muja Enterprise Agreement 2024 as a registered agreement.

The Fair Work Commission approved the Veolia Environmental Services Muja Enterprise Agreement 2024 as a registered agreement, effective from the date of the decision. The approval ensures that the terms of the agreement will apply to the relevant employees, and it will be subject to the enforcement mechanisms provided by the Fair Work Act. This decision confirms the validity of the agreement and provides certainty to both the employer and the employees regarding their rights and obligations under the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established