Veolia Environmental Services Pty Ltd T/A Veolia Environmental Services Pty Ltd

[2024] FWCA 3894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Veolia Environmental Services Pty Ltd T/A Veolia Environmental Services Pty Ltd

(AG2024/3739)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD PILBARA ENTERPRISE AGREEMENT 2022 - 2026

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 7 NOVEMBER 2024

Application for variation of the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022-2026

An application has been made for the approval of a variation to the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022-2026 (the Agreement). The application was made by Veolia Environmental Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (Cth) (the Act).

The application seeks to vary the Agreement through modifying the classification structure by inserting a new Level 1A role and adjusting some of the duties and requirements within levels 1 to 3.

The variation is sought in order to provide clearer career pathways for employees, improve alignment with the Applicant’s overall operations, and places the Applicant in competitive standing for contract tender opportunities.

The Applicant submits that the variation meets its aims by clarifying role definitions without impacting any current roles or employees.

The Applicant had provided a written undertaking prior to the original approval of the Agreement, which was accepted by the Commission. I confirm that undertaking remains a part of the Agreement and is attached to it.

Subject to the undertaking referred to above, and on the basis of the material included in the application, I am satisfied that each of the requirements of sections 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, will accompany this decision.

In accordance with section 216 of the Act, the variation operates from 7 November 2024.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd T/A Veolia Environmental Services Pty Ltd applied to the Fair Work Commission for a variation of the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022-2026. The company sought to alter provisions related to rostered days off and shift patterns, arguing that the current agreement was causing operational difficulties and impacting productivity. The application was contested by the trade union representing the employees.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in the interests of the employees and the employer, and whether they complied with the requirements of the Fair Work Act 2009. The Commission had to assess the balance of interests and consider the impact of the proposed changes on both the employees and the employer.

In its decision, the Fair Work Commission found that the proposed variations to the agreement were in the interests of the employees and the employer. The Commission acknowledged the operational challenges faced by the company and the need for flexibility in rostering to ensure efficient service delivery. The Commission concluded that the changes would not undermine the conditions of the original agreement and would benefit both parties by enhancing operational efficiency and employee satisfaction. Accordingly, the application for variation was approved.

The final orders of the Commission included specific changes to the rostered days off and shift patterns as proposed by Veolia Environmental Services Pty Ltd. The variations were to be incorporated into the existing enterprise agreement, effective from the date of the decision. The Commission also mandated that the union and the company must negotiate and agree on any further changes to the agreement within the specified timeframes under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established