Veolia Environmental Services

[2014] FWCA 2780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services
(AG2014/4100)

VEOLIA REFRACTORIES [NSW] & CFMEU AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2014

Application for approval of the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Veolia Environmental Services. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.187 and 188 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Attachment A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 May 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Veolia Environmental Services applied to the Fair Work Commission for the approval of the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017. The Australian Council of Trade Unions, representing employees, opposed the application on several grounds. The central dispute centred on whether the agreement met the necessary standards for approval under the Act, particularly in relation to its provisions on enterprise flexibility and employee protections.

The court had to determine whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009, including assessing the balance between enterprise flexibility and the protection of employees' rights. Specifically, the court examined whether the agreement unfairly disadvantaged employees by restricting their rights in a manner inconsistent with the overarching objectives of the Act.

The Fair Work Commission considered the specific terms of the agreement and the arguments presented by both parties. The court found that, while the agreement provided certain benefits to the employer in terms of operational flexibility, it also contained provisions that could potentially disadvantage employees. However, the Commission concluded that the overall provisions of the agreement were fair and balanced, meeting the statutory criteria for approval. The court approved the agreement, emphasising the importance of maintaining a fair balance between enterprise needs and employee protections.

The final orders of the Commission approved the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act 2009. The court mandated that any future variations to the agreement must also be subject to the approval process under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established