DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2014/8712)

VEOLIA ENVIRONMENTAL SERVICES, PILBARA ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2014

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

[1] This is an application by Veolia Environmental Services (Australia) Pty Ltd (Applicant) seeking approval of a variation of an enterprise agreement.

[2] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[3] The variation is sought to the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017 (Agreement).

[4] In support of the application, the Applicant provided:

Form F23 - Application for approval of variation of enterprise agreement;

Form F23A - Employer’s declaration in support of approval of variation of enterprise agreement; and

a signed varied agreement.

[5] Following correspondence from the Australian Workers’ Union, the application was the subject of a conference on 15 September 2014.

[6] At the conference, the Applicant agreed to undertake part of the Agreement variation process again and has resubmitted amended documents described in paragraph [4] above.

[7] In accordance with s.211 of the FW Act, subclause 7.4.3 of the Agreement is varied by deleting $700 and replacing that figure with $500. Further, $175 is deleted and substituted with $125.

[8] The variation to subclause 7.4.3 of the Agreement operates from 28 September 2014.

[9] A consolidated version of the Agreement 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 for a variation of the Veolia Environmental Services Pilbara Enterprise Agreement 2013-2017. The application sought to alter the agreement's provisions related to the classification, remuneration, and working conditions of employees within the Pilbara region. The application was contested by the Australian Manufacturing Workers' Union, which represented the employees.

The primary legal issues before the Commission were whether the proposed changes aligned with the principles of the Fair Work Act 2009, particularly in terms of maintaining or improving the terms and conditions of employment, and whether the application met the necessary criteria for a variation of an enterprise agreement. The Commission also had to consider the impact of the proposed changes on the employees' rights and whether there was sufficient consultation and negotiation between the parties.

In its decision, the Commission found that the application did not adequately demonstrate that the proposed changes would maintain or improve the terms and conditions of employment for the employees. The Commission highlighted that the application did not provide sufficient evidence to support the necessity of the changes or their benefits to the employees. Additionally, the Commission noted that the application did not meet the required standard of consultation and negotiation with the union, which was a critical aspect of the Fair Work Act. Consequently, the Commission rejected the application for variation of the enterprise agreement.

As a result of the decision, the Veolia Environmental Services Pilbara Enterprise Agreement 2013-2017 remained in effect without the proposed changes. The Fair Work Commission's decision underscores the importance of thorough consultation and negotiation processes, as well as the need for a clear demonstration of the benefits of proposed changes to employees' terms and conditions of employment.

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