Veolia Environmental Services T/A Veolia

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Veolia Environmental Services, trading as Veolia, to approve the proposed Enterprise Agreement between Veolia Water Operations Pty Ltd and its employees, effective from 1 January 2024. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including its compliance with the good faith bargaining provisions and its conformity with the Fair Work Act's provisions.

The central legal issues the court had to address were whether the agreement was genuinely negotiated between the parties in good faith and whether it complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to examine whether there had been sufficient bargaining between the parties, whether the agreement was made without any undue influence or coercion, and whether the agreement met the "better off overall test". Additionally, the court had to determine if the agreement provided for the appropriate minimum entitlements and protections required by the Act.

In making its decision, the Fair Work Commission considered the evidence provided by both parties regarding the negotiation process and the terms of the proposed agreement. The Commission found that the agreement had been negotiated in good faith and that there had been sufficient bargaining between the parties. The Commission also concluded that the proposed agreement met the better off overall test, as it provided employees with terms and conditions that were at least as good as those provided under the previous agreement or the applicable awards and registered agreements. The Commission approved the agreement, noting the improvements in terms and conditions for employees, including wage increases and enhanced leave provisions. The Commission's decision was based on the comprehensive evidence presented, which demonstrated that the agreement was fair and reasonable.

The Fair Work Commission approved the Veolia Water Operations Pty Ltd – Bendigo Operations Enterprise Agreement 2024, effective from 1 January 2024, under section 233 of the Fair Work Act 2009. The approval was based on the findings that the agreement was genuinely negotiated in good faith and met all legal requirements, including the better off overall test. The Commission highlighted the improvements in employee conditions as a key factor in its decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established