DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand
(AG2017/4003)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES CFMEU/CEPU YALLOURN POWER STATION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Yallourn Power Station Enterprise Agreement 2016.

[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 Yallourn Power Station Enterprise Agreement 2016 (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 T/A Veolia Australia and New Zealand. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Australia and New Zealand, applied to the Fair Work Commission for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Yallourn Power Station Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers’ Union and the United Voice union. The primary dispute centred around the terms and conditions outlined in the proposed agreement, specifically regarding the classification and pay rates of employees.

The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including the need for fair and reasonable terms and conditions for the employees. The court had to assess whether the agreement met the statutory criteria for approval, particularly in relation to the classification and remuneration of workers and ensuring that the agreement did not undermine the safety and health of employees.

In rendering its decision, the Fair Work Commission found that the proposed agreement largely complied with the statutory requirements. The court acknowledged the need for flexibility in the workplace to accommodate the specific operational needs of the power station while ensuring fair treatment for the employees. The Commission concluded that the agreement provided reasonable terms and conditions for the employees and did not jeopardise their safety and health. Consequently, the court approved the application for the enterprise agreement to be registered.

The Fair Work Commission approved the application and ordered the registration of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMEU/CEPU Yallourn Power Station Enterprise Agreement 2016.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Australia and New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established