| [2019] FWCA 6553 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2019/1981)
VEOLIA ENVIRONMENTAL SERVICES QUEENSLAND (SCAFFOLDING) AGREEMENT 2019
Manufacturing and associated industries | |
DEPUTY PRESIDENT ASBURY | BRISBANE, 19 SEPTEMBER 2019 |
Application for approval of the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019.
[1] Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.
[3] It is noted that clause 1.4.1 of the Agreement states the Agreement will operate from the date of approval by the Commission. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.
[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.
[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 September 2019. The nominal expiry date of the Agreement is 31 March 2021.
DEPUTY PRESIDENT
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- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services [2019] FWCA 6553
- Case
- [2019] FWCA 6553
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in terms of ensuring fair and reasonable terms and conditions for the employees. The unions contended that the agreement failed to provide adequate protections in relation to wage rates, leave entitlements, and other working conditions. They also argued that the agreement did not adequately address issues related to health and safety in the scaffolding industry.
The Commission examined the provisions of the proposed agreement in detail, considering the requirements of the Fair Work Act and the Fair Work Regulations. It found that, while there were some areas of concern raised by the unions, the overall agreement provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement contained provisions that were no less favourable than the applicable awards and that it met the requirements for approval under the Fair Work Act. The Commission approved the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019, subject to certain conditions and modifications to address some of the unions' concerns.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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