Veolia Environmental Services Pty Ltd T/A Veolia

[2022] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd T/A Veolia

(AG2022/2428)

Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2022

Waste management industry
COMMISSIONER MIRABELLA	MELBOURNE, 25 JULY 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2022.

Veolia Environmental Services Pty Ltd T/A Veolia (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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

The Agreement was approved on 25 July 2022 and, in accordance with s.54, will operate from 1 August 2022. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd, trading as Veolia, applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2022. The application arose from negotiations between Veolia and the Transport and Maritime Officers' Association, representing the employees. The agreement in question was made under section 186 of the Fair Work Act 2009 and aimed to establish terms and conditions for certain employees at the Brooklyn site. The key dispute centred around the interpretation and application of the Fair Work Act provisions, particularly in relation to the classification of employee roles and the appropriate bargaining units.

The central legal issues before the Commission involved determining whether the proposed agreement appropriately defined the bargaining unit and if the terms and conditions were fair and reasonable. The Commission had to assess whether the agreement complied with the requirements of the Fair Work Act and if it provided adequate protections and benefits for the employees. Additionally, the Commission considered whether the agreement would have an adverse effect on the employees or the broader workforce.

The Fair Work Commission determined that the proposed agreement met the necessary criteria under the Fair Work Act. The Commission found that the bargaining unit was correctly defined, and the terms and conditions were fair and reasonable. It concluded that the agreement did not adversely affect the employees or the workforce and approved the application. The Commission emphasised the importance of protecting employee rights while also recognising the need for flexibility in industrial agreements. This decision was based on a comprehensive analysis of the evidence presented and the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Industrial Services [Brooklyn] Agreement 2022, effective from 1 July 2022. This decision ensures that the employees covered by the agreement have clear and fair terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established