Veolia Environmental Services (Australia) Pty Ltd

[2021] FWCA 2133

[2021] FWCA 2133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/4486)

VEOLIA ENVIRONMENTAL SERVICES QUEENSLAND (SCAFFOLDING) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 19 APRIL 2021

Application for termination of the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019.

[1] On 1 April 2021, Veolia Environmental Services (Australia) Pty Ltd (the Employer) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019 (the Agreement). The Agreement has passed its nominal expiry date.

[2] The application was supported by a statutory declaration of Ms Chelsea Knott, Human Resources Business Partner of the Employer. Ms Knott declared that the Agreement provided coverage for a major scaffolding contract located in Gladstone, however in quarter 4 of 2019, the Employer was unsuccessful in retaining the contract. Ms Knott declared that all work associated with the contract was completed by the end of January 2020.

[3] Ms Knott declared that since the cessation of the scaffolding contract as above, the Employer has not engaged in any other works that this Agreement provides coverage for and does not intend to do so. Ms Knott declared there are no employees covered by this Agreement, and that termination of the Agreement therefore would not be contrary to public interest.

[4] There are no employee organisations covered by the Agreement.

[5] Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.225 of the Act. Section 226 of the Act provides as follows:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[6] Based on the material contained in the statutory declaration filed with the application, I am satisfied that the termination of the Agreement is not contrary to the public interest. There is nothing before me which raises public interest considerations which might militate against the termination of the Agreement.

[7] In consideration of the material before me relevant to s.226(b)(i) and (ii), and noting that there are no employees covered by the Agreement, I consider that it is appropriate to terminate the Agreement.

[8] In accordance with s.226, I must terminate the Agreement. The application to terminate the Agreement is approved.

[9] The termination will take effect from today, 19 April 2021.

COMMISSIONER

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