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

[2018] FWCA 3098

[2018] FWCA 3098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/2231)

VEOLIA ENVIRONMENTAL SERVICES MUJA ENTERPRISE AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 1 JUNE 2018

Application for termination of the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017.

[1] This decision concerns an application made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) for the termination of the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017 (the Agreement).

[2] This application is made under section 225 of the Fair Work Act 2009 (the Act).

[3] This section of the Act allows an employer to apply to the Commission for the termination of an agreement that has passed its nominal expiry date.

[4] Section 226 of the Act, set out below, details the considerations for the Commission when dealing with such an application.

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The Applicant has provided in support of its application a statutory declaration from Mr John Crouch (Mr Crouch) who is the Manager – Industrial Relations & Human Resources of the Applicant.

[6] Mr Crouch explains that the Agreement had a nominal expiry date of 30 April 2018 and that no employee is covered by the Agreement because of the loss of a contract some years ago. Mr Crouch also advised the Applicant does not provide any ongoing services to the particular client which the Agreement relates to.

[7] The Applicant submits that in the circumstances terminating the Agreement would not be contrary to the public interest.

Consideration

[8] I am satisfied that termination of the Agreement is not contrary to the public interest.

[9] Taking into account the views of the employer and accepting the Applicant’s statement that there are no employees covered by the Agreement I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[10] Accordingly, the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017 is terminated and pursuant to section 227 of the Act, the termination is to take effect on and from the date of this decision.

COMMISSIONER

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