Veolia Environmental Services (Australia) Pty Ltd Summary

[2013] FWCA 1012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/4659)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES CFMEU/CEPU POWER STATIONS SITES ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2012 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia, 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.

[5] The Construction, Forestry, Mining and Energy 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.

[6] The Agreement was approved on 12 February 2013 and, in accordance with s.54, will operate from 19 February 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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 the approval of its Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2012. The dispute arose between the applicant company and the union, which represents the employees, concerning the terms and conditions of employment. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval and whether it provided fair and reasonable terms and conditions.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the process for reaching the agreement, the terms and conditions themselves, and whether the agreement provided fair and reasonable terms and conditions for the employees. The Commission also needed to consider whether the agreement adequately addressed any issues related to the employees' job security, redundancy, and other employment-related matters.

In rendering its decision, the Commission found that the agreement was made in good faith and followed the necessary process as outlined in the Fair Work Act. The terms and conditions of the agreement were considered fair and reasonable, taking into account the nature of the work and the specific circumstances of the employees. The Commission also noted that the agreement provided for appropriate redundancy and job security provisions. Consequently, the Commission approved the application and authorised the agreement to be registered.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2012, and the agreement was registered accordingly. This decision provides clarity and legal certainty for both the employer and the union in relation to the terms and conditions of employment for the employees covered by the 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