DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2019/1351)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD PLUMBING ENTERPRISE AGREEMENT 2019 - 2021

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2019 - 2021 (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.

[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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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 Plumbing Enterprise Agreement 2019 - 2021. The applicant is a company engaged in waste management and water treatment. The dispute arose from the negotiation of a new enterprise agreement between the company and the plumbers employed by it. The Fair Work Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the "better off overall test" and the "no unprotected labour test" as set out in the Fair Work Act. The Commission needed to examine if the proposed terms and conditions of employment were at least as favourable as the relevant award or previous agreement, and if the agreement did not allow for unprotected labour practices. The plumbers' union argued that the agreement did not meet these tests, particularly in relation to the classification of certain employees and the terms regarding overtime and shift penalties.

The Commission found that the agreement did meet the better off overall test, as it provided for wage increases and other benefits that were at least as favourable as the relevant award. The Commission was satisfied that the agreement did not permit unprotected labour, as it contained clear provisions regarding classification, overtime, and shift penalties. The Commission concluded that the agreement was fair and appropriate for approval. The Commission approved the agreement, noting the improvements it provided for employees and the absence of any detrimental terms.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2019 - 2021. This decision is a reminder of the importance of ensuring that enterprise agreements are fair and provide for the best possible outcomes for both employers and employees.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established