Veolia Environmental Services T/A Veolia
[2024] FWCA 3858
•4 NOVEMBER 2024
| [2024] FWCA 3858 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services T/A Veolia
(AG2024/3929)
VEOLIA WATER OPERATIONS PTY LTD – BENDIGO OPERATIONS ENTERPRISE AGREEMENT 2024
| Waste management industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 4 NOVEMBER 2024 |
Application for approval of the Veolia Water Operations Pty Ltd – Bendigo Operations Enterprise Agreement 2024
Veolia Environmental Services T/A Veolia (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Water Operations Pty Ltd – Bendigo Operations Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 February 2024 and the Agreement was made on 3 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Filing of amended Form F17B
The Form F17B filed by the Employer did not specify the number of employees who cast a vote on the Agreement, nor the number of employees who had voted in favour of the approval of the Agreement. Accordingly, the Form F17B filed did not contain sufficient information to satisfy matters arising under ss.182(1) and 186(2)(a) of the Act.
After having reviewed the initiating and supporting documents, the Commission wrote to the parties to request the filing of an amended Form F17B (as well as the filing of further supporting documents and clarification concerning matters arising from the review of the application). On 4 November 2024, the Employer filed an amended Form F17B including this information, and I allowed for it to be filed accordingly pursuant to s.586(1) of the Act.
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Water Industry Award 2020 is taken to be a term of the Agreement.
Terms of the Agreement
The Commission identified that the Agreement does not contain terms providing for part-time employees and raised this issue (amongst some others) in relation to the Agreement with the parties. On 4 November 2024, the Employer provided a representation to the Commission that it would not engage part-time employees under the Agreement, for the life of the Agreement.
Section 186, 187, and 188
I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
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