DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2015/7889)

VEOLIA ENVIRONMENTAL SERVICES (WA) OFFSHORE INDUSTRIAL SERVICES & MAINTENANCE ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 13 JANUARY 2016

Application for variation of the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014 - 2018.

[1] This application being made in accordance with s.210 of the Fair Work Act 2009 and my being satisfied that each of the relevant requirements of s.211 have been met, the variations to the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014 - 2018 by deleting subclause 2.5−Site & Facility Assignments and consequential deletion of references to subclause 2.5 where it appeared in the Table of Contents, subclause 10.1 and subclause 10.2 are hereby made.

[2] The varied agreement shall operate from the date of this decision.

[3] The consolidated version of the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014 - 2018, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission to vary the Veolia Environmental Services (WA) Offshore Industrial Services & Maintenance Enterprise Agreement 2014 - 2018. The applicant sought to alter several provisions concerning employee classification, rostering, and shift patterns. The Fair Work Commission was tasked with determining whether the proposed changes met the criteria for a variation under the Fair Work Act 2009. Specifically, the court needed to decide if the application satisfied the requirements for a certified agreement variation, considering the principles of fairness and the interests of the employees.

The court examined the evidence presented by both parties, assessing the proposed changes against the statutory requirements. The applicant argued that the changes were necessary to improve operational efficiency and to align with industry standards. The respondents, including the trade union, contended that the proposed changes would adversely affect employees' working conditions and were not in line with the original agreement's intent. The court carefully considered the balance between the operational needs of the business and the rights and protections afforded to employees under the agreement. Ultimately, the court found that the proposed changes did not meet the statutory criteria for variation, as they did not uphold the principles of fairness and did not adequately protect the interests of the employees.

As a result, the court dismissed the application for variation of the enterprise agreement. The decision emphasised the importance of maintaining a fair and balanced approach in any proposed changes to an existing enterprise agreement. The court's reasoning highlighted the need for any proposed changes to be in line with the original intent of the agreement and to adequately protect the interests of the employees. The dismissal of the application meant that the existing enterprise agreement remained in effect, preserving the terms and conditions agreed upon by the parties.

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