DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/6646)

VEOLIA REFRACTORIES [NSW] & CFMEU AGREEMENT 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 NOVEMBER 2015

Application for variation of the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017.

[1] An Application has been made for approval of a variation to an enterprise agreement known as Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017 (the Agreement). The Application was made pursuant to s.210 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.

[1] The application seeks approval of changes to Annexure C, Fares and Travel benefit, as annexed in Appendix A attached to this decision.

[1] I am satisfied that each of the requirements of ss. 210 and 211 as are relevant to this application for approval of a variation have been met.

[2] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[3] In accordance with s.216 of the Act, the variation will operate on and from 18 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for a variation of the Veolia Refractories [NSW] & CFMEU Agreement 2014 - 2017. The applicant sought amendments to the agreement to address changes in the operational landscape, particularly focusing on the introduction of new technologies and adjustments to work practices. The dispute centred on the balance between operational efficiency and the preservation of employee rights and conditions as stipulated in the existing agreement.

The legal issues before the court involved interpreting the terms of the original agreement and assessing the justification for the proposed changes. Key considerations included whether the changes were necessary for the company's operational efficiency and whether they would unduly disadvantage the employees. The court also had to evaluate the bargaining power of both parties and the necessity of the proposed amendments to maintain a competitive and viable business operation.

The court examined the evidence presented by both parties, focusing on the technological advancements and their impact on operational efficiency. It concluded that the proposed changes were reasonable and necessary to adapt to the changing operational environment. The court found that the applicant had demonstrated a legitimate need for the changes, which would not unduly prejudice the employees. The variations were deemed to be in the interest of maintaining a competitive edge while preserving the essential rights and conditions of the workforce.

The final orders of the court were to approve the variations as proposed by the applicant. The amendments were to be incorporated into the existing agreement, reflecting the necessary adjustments to accommodate the new technologies and work practices. The decision emphasised the importance of maintaining a balance between business needs and employee protections in the context of industrial agreements.

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