DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/3699)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES CFMMEU/CEPU YALLOURN POWER STATION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Yallourn Power Station Enterprise Agreement 2019.

[1] Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Yallourn Power Station Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of its proposed enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Communications, Electrical and Plumbing Union (CEPU) for employees at Yallourn Power Station. The agreement was a result of bargaining between the company and the unions, aiming to establish terms and conditions of employment for the workers. The application was contested by the CFMEU and CEPU who raised concerns regarding certain aspects of the proposed agreement.

The primary legal issues the Commission needed to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included examining whether the agreement was genuinely negotiated, provided for proper dispute resolution, and was free from prohibited content. Additionally, the Commission had to determine if the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act regarding good faith bargaining.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and contained appropriate dispute resolution provisions. The Commission noted that the agreement provided fair and reasonable terms and conditions of employment, taking into consideration the interests of both parties. The Commission was satisfied that the agreement did not contain any prohibited content and was in compliance with the Act. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and reasonable.

The final orders of the Fair Work Commission were that the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Yallourn Power Station Enterprise Agreement 2019 was approved as a registered agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement met the necessary criteria and provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Veolia Environmental Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established