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

[2014] FWCA 2536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2014/3954)

VEOLIA ENVIRONMENTAL SERVICES MUJA ENTERPRISE AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 APRIL 2014

Application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by the employer in relation to Clause 10.1 - Annual Leave of the Agreement and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Veolia Environmental Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017. The case was heard in the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the "better off overall test." This test requires that employees be no worse off financially and have at least the same conditions as those provided under the relevant award or previous agreement. The Commission needed to assess if the proposed agreement provided employees with improved conditions and fair remuneration.

In delivering its decision, the Commission noted that the proposed agreement contained provisions that went beyond the minimum entitlements provided by the relevant award. It found that the agreement was fair and balanced, and provided employees with improved conditions and remuneration. The Commission also considered the views of the CFMEU and the company, along with the bargaining positions of both parties. Ultimately, the Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009 and passed the better off overall test. Consequently, the application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017 was approved.

As a result of the Commission's decision, the Veolia Environmental Services Muja Enterprise Agreement 2013 to 2017 was approved and came into effect. This agreement now governs the employment conditions of the relevant employees for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established