Veolia Environmental Services

[2013] FWCA 6214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2013/1930)

VEOLIA ENVIRONMENTAL SERVICES & CFMEU SCAFFOLDING ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2013

Application for approval of the Veolia Environmental Services & CFMEU Scaffolding Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Veolia Environmental Services & CFMEU Scaffolding Enterprise Agreement 2013 (the Agreement). The application was made by Veolia Environmental Services (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Veolia Environmental Services to have their enterprise agreement approved. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) supported the application, while the Australian Workers Union opposed it, citing concerns over the agreement's provisions. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better off overall test" and if it contained the necessary minimum terms and conditions. The court also had to consider whether the agreement had been fairly negotiated and if it aligned with the principles of industrial justice.

The court found that the agreement was fairly negotiated and met the better off overall test, as it provided employees with improved wages, leave entitlements, and other benefits. The court also determined that the agreement contained all the necessary minimum terms and conditions and adhered to the principles of industrial justice. Given these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the Veolia Environmental Services & CFMEU Scaffolding Enterprise Agreement 2013. The decision was made based on the court's finding that the agreement was fairly negotiated, met the better off overall test, and contained all the necessary minimum terms and conditions. The court also found that the agreement aligned with the principles of industrial justice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established