DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2015/2809)

VEOLIA ENVIRONMENTAL SERVICES TASMANIA & CFMEU SCAFFOLDING ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2015

Application for approval of the Veolia Environmental Services Tasmania & CFMEU Scaffolding Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Tasmania & CFMEU Scaffolding Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

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

[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 was approved on 4 June 2015 and, in accordance with s.54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Environmental Services, a company involved in waste management, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) have applied to the Fair Work Commission for the approval of their enterprise agreement, which governs the terms and conditions of employment for workers in the scaffolding industry. The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the requirements for approval. The dispute centred on whether the agreement provided for the proper terms and conditions of employment, including minimum wages, hours of work, and leave entitlements, and whether it complied with the provisions of the Fair Work Act.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the objectives of the Fair Work Act. The Commission also considered whether the agreement met the requirements for approval, including whether it had been negotiated in good faith, and whether it provided for the proper protection of employees' interests. The Commission found that the agreement met the requirements for approval and was consistent with the objectives of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission's decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and are consistent with the objectives of the Fair Work Act. The decision also emphasises the importance of ensuring that agreements are negotiated in good faith, and that they provide for the proper protection of employees' interests. The final orders of the Commission included the approval of the agreement, subject to certain modifications, and the registration of the agreement on the Register of Approved Agreements.

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