| [2019] FWCA 6951 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2019/3708)
Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2019
| Waste management industry | |
| Commissioner Cirkovic | MELBOURNE, 8 OCTOBER 2019 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2019.
An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2019 (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 Environmental Services. The Agreement is a single enterprise agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry, Maritime, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have separately 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.
The Agreement was approved on 8 October 2019 and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 March 2022.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE505640 PR713135>
- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services [2019] FWCA 6951
- Case
- [2019] FWCA 6951
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for approval, including whether it was free from provisions that were against the public interest or that failed to provide a safety net for employees. Another aspect considered was the extent to which the agreement facilitated or hindered the negotiation of future agreements and the implications for industrial harmony.
In reaching its decision, the Commission examined the terms of the agreement in detail, considering the balance of rights and obligations between the employer and employees. The Commission noted the provisions concerning wages, hours of work, and other employment conditions, and assessed whether these provisions were fair and reasonable. The Commission also took into account the process through which the agreement was negotiated, ensuring that it was conducted in good faith and without coercion. Ultimately, the Commission found that the agreement met the necessary criteria and did not contain any provisions that would be detrimental to the employees or to industrial relations. Consequently, the Commission approved the enterprise agreement.
The final orders of the Commission were that the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Power Stations Sites Enterprise Agreement 2019 be approved, effective from the date of the Commission's decision. This approval allows the agreement to be registered and enforced under the Fair Work Act, providing a legally binding framework for the employment conditions of the workers at the relevant power stations.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.