Veolia Environmental Services (Australia) Pty Ltd Summary

[2013] FWCA 2259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/5855)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD COOPER BASIN - ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 APRIL 2013

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2013 - 2014 (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] The employer has provided an undertaking in the following terms:

“I can confirm that the employees under this Agreement will only be working day shifts and as such are not “shiftworkers” as per the above.

However, in the event that employees may be required to undertake work other than the usual day shift work on a permanent basis, then Veolia Environmental Services would provide the employees with the required shift allowances and additional leave entitlements in accordance with the Fair Work Act 2009 (Cth).”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2013 - 2014. The dispute arose from the company’s proposal to alter the terms of employment for its employees, as detailed in the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory criteria under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it adhered to the provisions concerning procedural fairness and good faith bargaining. Additionally, the Commission assessed whether the agreement met the standard of being “better off overall” for the employees involved.

In delivering its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission noted the company’s arguments regarding the need for flexibility in the workplace and the employees’ concerns about potential reductions in their entitlements. After careful consideration, the Commission concluded that the agreement met the statutory requirements. It found that the proposed terms and conditions were fair and reasonable, and that the agreement was made in good faith. Furthermore, the Commission determined that the agreement would result in employees being better off overall, thereby satisfying the legislative criteria for approval. As a result, the Commission approved the enterprise agreement.

Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established