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

[2023] FWCA 1198

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.

(AG2023/993)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD ARNDELL PARK SOLID WASTE ENTERPRISE AGREEMENT 2022

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 APRIL 2023

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Arndell Park Solid Waste Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Arndell Park Solid Waste Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 27 April 2023 and, in accordance with s 54, will operate from 4 May 2023. The nominal expiry date of the Agreement is 27 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Veolia Environmental Services (Australia) Pty Ltd to have the Veolia Environmental Services (Australia) Pty Ltd Arndell Park Solid Waste Enterprise Agreement 2022 approved. The application was brought under the Fair Work Act 2009, seeking to ensure the agreement was properly registered and enforceable. The dispute centred on whether the agreement complied with all relevant provisions of the Act and whether it had been fairly and properly negotiated.

The primary legal issues before the Commission were whether the enterprise agreement was a "genuine" agreement, as defined in the Fair Work Act, and whether the process of negotiation and agreement was compliant with statutory requirements. The Commission needed to determine if the agreement covered all necessary terms, if the agreement had been appropriately negotiated, and whether it met the requirements for being a "low paid" enterprise agreement, which would exempt it from certain procedural requirements.

The Commission found that the enterprise agreement was genuine and had been properly negotiated. The agreement included all the required terms and was made in good faith. The process of negotiation was deemed to be compliant with the statutory requirements of the Fair Work Act. The Commission also concluded that the agreement was a low paid agreement, exempting it from certain procedural requirements. Based on these findings, the Commission approved the enterprise agreement, making it legally binding on the parties.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Arndell Park Solid Waste Enterprise Agreement 2022. This decision ensures that the agreement is enforceable and provides clarity and certainty to the parties involved. The approval signifies that the agreement meets all legal requirements and was negotiated in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established