DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2015/5562)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD CURTIS ISLAND LNG ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Curtis Island LNG Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Curtis Island LNG Enterprise Agreement 2015-2019 (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 (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 9 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which was entered into in 2015 and set out the terms and conditions of employment for workers at the Curtis Island LNG Enterprise. The application was made by Veolia, the employer, and was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented some of the workers. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a "genuine" agreement and whether it contained minimum terms and conditions as prescribed by the Act.

The Commission found that the agreement was genuine and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement had been negotiated in good faith and that it was not the product of any form of coercion or pressure. The Commission also found that the agreement contained all the required minimum terms and conditions, including those relating to pay, leave, and dispute resolution. The Commission rejected the CFMEU's argument that the agreement failed to provide for adequate consultation and communication between the employer and employees. The Commission held that the agreement provided for sufficient consultation and communication mechanisms, and that the CFMEU had not demonstrated that these mechanisms were inadequate.

The Commission approved the enterprise agreement, subject to minor modifications to address the Commission's concerns about the clarity and accessibility of some of the agreement's provisions. The modifications related to the agreement's provisions on shift patterns and rostering, which the Commission found were not sufficiently clear and accessible to employees. The Commission ordered that the modifications be made to the agreement within 28 days of the decision and that the agreement be registered with the Fair Work Commission.

Veolia Environmental Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established