Veolia Environmental Services

[2014] FWCA 2779

[2014] FWCA 2779

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services
(AG2014/4099)

VEOLIA REFRACTORIES [LATROBE VALLEY] AGREEMENT 2013 - 2017

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

Application for approval of the Veolia Refractories [Latrobe Valley] Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [Latrobe Valley] Agreement 2013 - 2017 (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. 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] In my view, the Consultation on Major Workplace Change provision in clause 30 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[5] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[6] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[7] 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.

[8] 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 October 2017.

SENIOR DEPUTY PRESIDENT

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