Veolia Environmental Services Pty Ltd T/A Veolia

[2022] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd T/A Veolia

(AG2022/2233)

Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Technical Enterprise Agreement 2022 – 2025

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 15 JULY 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Technical Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Technical Enterprise Agreement 2022 – 2025 (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 Pty Ltd T/A Veolia. 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 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 22 July 2022. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services Pty Ltd, trading as Veolia, applied for approval of their Technical Waste Solutions (TWS) Technical Enterprise Agreement 2022-2025. The application arose as the current agreement was set to expire, and the parties sought to establish new terms for the coming years. The Commission was tasked with assessing whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it facilitated a productive workplace relationship and provided for fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the proposed agreement was a "better off overall test" (BOOT) agreement. This meant determining if the agreement provided employees with terms and conditions that were at least as good as those provided under the previous agreement or the applicable award, and whether it contained provisions that were better off for employees than what they had previously. Additionally, the Commission had to consider if the agreement complied with all relevant provisions of the Fair Work Act and if it was made in good faith.

The Commission found that the proposed agreement met the BOOT requirement, providing employees with terms and conditions that were at least as good as, if not better, than those under the previous agreement and applicable award. The Commission noted that the agreement contained provisions that improved upon the previous agreement in several areas, including pay rates, leave entitlements, and specific conditions for employees in certain roles. The Commission also found that the agreement was made in good faith and complied with all relevant provisions of the Fair Work Act. Therefore, the Commission approved the Veolia Environmental Services (Australia) Pty Ltd Technical Waste Solutions (TWS) Technical Enterprise Agreement 2022-2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established