DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2015/5884)

VEOLIA ENVIRONMENTAL SERVICES, SOUTHERN INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2015 TO 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2015

Application for approval of the Veolia Environmental Services, Southern Industrial Services Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Southern Industrial Services Enterprise Agreement 2015 to 2018 (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.

[3] The Australian Workers’ 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2015. The nominal expiry date of the Agreement is 4 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval for the Veolia Environmental Services, Southern Industrial Services Enterprise Agreement 2015 to 2018 from the Fair Work Commission. The applicant sought to have the agreement approved in its entirety, including a clause which allowed the employer to unilaterally implement changes to employees' hours of work and days of work without prior negotiation with the employees or their representatives. The Fair Work Commission was required to determine whether the agreement, including the contentious clause, met the criteria for approval under the Fair Work Act 2009.

The court found that the agreement met the requirements for approval under the Fair Work Act. The court noted that the agreement had been negotiated in good faith, and that the process of negotiation had been transparent and inclusive. The court also found that the clause allowing the employer to unilaterally implement changes to employees' hours and days of work did not breach any of the provisions of the Fair Work Act. The court found that the clause was necessary to allow the employer to respond to changes in the business environment and to ensure that the business remained viable.

The Fair Work Commission approved the agreement in its entirety, including the clause allowing the employer to unilaterally implement changes to employees' hours and days of work. The court found that the agreement was in the best interests of the employees, and that it provided for a fair and reasonable outcome for all parties. The court also noted that the agreement provided for a number of protections for employees, including provisions for consultation and the right to request changes to hours and days of work.

The Fair Work Commission approved the Veolia Environmental Services, Southern Industrial Services Enterprise Agreement 2015 to 2018, including the clause allowing the employer to unilaterally implement changes to employees' hours and days of work. The court found that the agreement met the requirements for approval under the Fair Work Act, and that it was in the best interests of the employees. The court noted that the agreement provided for a fair and reasonable outcome for all parties, and that it included a number of protections for employees.

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