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

[2022] FWCA 4254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4709)

Veolia Industrial Services (SA) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 2 DECEMBER 2022

Application for approval of the Veolia Industrial Services (SA) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veolia Industrial Services (SA) 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 Veolia Environmental Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd, trading as Veolia Environmental Services Pty Ltd, applied for the approval of the Veolia Industrial Services (SA) Enterprise Agreement 2022. The dispute arose in the Fair Work Commission, where the primary issue was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The dispute involved the negotiation of the agreement between the employer and the employees, who were represented by the Australian Manufacturing Workers' Union. The application was heard by Commissioner Williams.

The legal issues before the court included whether the agreement met the procedural requirements for negotiation, whether it contained all the necessary minimum terms as prescribed by the Fair Work Act, and whether the agreement was in the best interests of the employees. The primary focus was on ensuring that the agreement had been fairly and genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The court also needed to determine if the agreement adequately addressed the needs and rights of the employees involved.

Commissioner Williams found that the agreement had been fairly and genuinely negotiated in accordance with the Fair Work Act. The court noted that the evidence presented showed that both parties had engaged in good faith bargaining and that the agreement contained all the required minimum terms. The commissioner was satisfied that the agreement was in the best interests of the employees, providing them with fair and reasonable terms of employment. Consequently, the court approved the Veolia Industrial Services (SA) Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established