DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2016/5572)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA PTY LTD PLUMBING ENTERPRISE AGREEMENT 2016 - 2018

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Veolia Environmental Services Australia Pty Ltd Plumbing Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia Pty Ltd Plumbing Enterprise Agreement 2016 - 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied for the approval of the Veolia Environmental Services Australia Pty Ltd Plumbing Enterprise Agreement 2016-2018. The applicants sought to have the agreement approved under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission.

The primary legal issue before the Fair Work Commission was whether the agreement met the requirements for approval under the Fair Work Act. This included whether the agreement was "free" of any elements that would render it invalid, and whether it complied with the "better off overall test". This test requires that, on average, employees covered by the agreement must not be worse off financially than they would be under the applicable award or registered agreement.

The Fair Work Commission considered the arguments from both parties and examined the agreement in detail. It found that the agreement was free of any invalidating elements and satisfied the better off overall test. The Commission noted that the agreement provided for a fair balance between the interests of the employer and employees, including provisions for wages, conditions, and other employment matters. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Veolia Environmental Services Australia Pty Ltd Plumbing Enterprise Agreement 2016-2018, finding it to be a fair and reasonable agreement that met the statutory requirements. The Commission's decision was based on its determination that the agreement was free of invalidating elements and satisfied the better off overall test. This approval ensures that the agreement will govern the employment conditions of the covered employees for the specified period.

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