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

[2016] FWCA 7429

[2016] FWCA 7429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2016/6186)

VEOLIA ENVIRONMENTAL SERVICES WA, WORSLEY ALUMINA REFINERY ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 14 OCTOBER 2016

Application for termination of the Veolia Environmental Services WA, Worsley Alumina Refinery Enterprise Agreement 2012-2015.

[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 WA, Worsley Alumina Refinery Enterprise Agreement 2012-2015 (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 Michael McGerr (Mr McGerr) who is the Senior Human Resource Advisor of the applicant.

[6] Mr McGerr explains that the Agreement had a nominal expiry date of 14 May 2014 and that the applicant no longer employs any person covered under the Agreement as it no longer provided services to the particular client and it is no envisaged that any services will be provided in the near future.

[7] The Australian Workers’ Union (AWU) was invited to provide its view on the application and has advised it does not oppose the application.

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

Consideration

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

[10] Taking into account the views of the employer and accepting the applicant’s statement that there are no employees covered by the Agreement, which has not been challenged by the AWU, I do consider in the circumstances here that it is appropriate to terminate the Agreement.

[11] Accordingly, the Veolia Environmental Services WA, Worsley Alumina Refinery Enterprise Agreement 2012-2015 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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