DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2015/126)

VEOLIA ENVIRONMENTAL SERVICES, PILBARA ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 4 FEBRUARY 2015

Application for variation of the Veolia Environmental Services Pilbara Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Veolia Environmental Services Pilbara Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.210 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 Agreement is varied by amending clause 7.8 of the Agreement to read:

“7.8 FIFO ALLOWANCE

FIFO Employee’s who are engaged as a Plant Operator 2 will be entitled to a paid flat allowance of $4.79 per hour.” (sic)

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, to vary the Veolia Environmental Services Pilbara Enterprise Agreement 2013-2017. The dispute centred around the terms and conditions of employment of workers within the Pilbara region, particularly concerning hours of work and shift patterns. The application was heard by the Fair Work Commission, a body established under the Fair Work Act 2009, which has jurisdiction over workplace relations and enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed changes to the existing enterprise agreement were fair and reasonable. The application sought to modify the hours of work, including the introduction of shift patterns that would result in a reduction in weekend loadings for certain employees. The Commission had to consider whether these changes would significantly alter the terms and conditions of employment in a manner that was fair and reasonable. This involved assessing the balance of advantages and disadvantages of the proposed changes to both the employees and the employer, and whether the changes met the criteria set out in the Fair Work Act.

In reaching its decision, the Fair Work Commission took into account the evidence presented by both parties, including the economic context of the industry and the specific operational needs of Veolia. The Commission noted that the proposed changes would lead to more predictable and stable work arrangements for employees, which was considered beneficial. Additionally, the employer argued that the changes would improve operational efficiency and reduce costs, which in turn would support the sustainability of the business. The Commission found that the proposed changes were fair and reasonable, taking into account the overall benefits to the employees and the employer. It was determined that the benefits of the proposed shift patterns and reduced weekend loadings outweighed any potential disadvantages.

The Fair Work Commission granted the application, allowing for the variation of the enterprise agreement as proposed by Veolia. The decision recognised the need for adaptability in enterprise agreements to meet changing operational needs while also ensuring fairness to employees. The new agreement was to be implemented with specified transitional arrangements to ensure a smooth transition for affected 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