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

[2014] FWCA 2036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2014/3373)

VEOLIA ENVIRONMENTAL SERVICES VERVE ENERGY KWINANA POWER STATION, GAS TURBINES AND SUSTAINABLE OPERATIONS ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2014

Application for approval of the Veolia Environmental Services Verve Energy Kwinana Power Station, Gas Turbines and Sustainable Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Verve Energy Kwinana Power Station, Gas Turbines and Sustainable Operations Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 26 March 2014 and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 26 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, applied to the Fair Work Commission for the approval of the Veolia Environmental Services Verve Energy Kwinana Power Station, Gas Turbines and Sustainable Operations Enterprise Agreement 2014-2017. The application was made under the Fair Work Act 2009, and the dispute centred on the terms and conditions of employment for employees covered by the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval, including whether it complied with the procedural fairness and substantive fairness provisions.

The legal issues before the Commission included whether the application was properly made and whether the agreement met the necessary criteria for approval. Key considerations involved the process through which the agreement was developed, including whether there was genuine bargaining between the employer and the employees, and whether the agreement contained provisions that were fair and reasonable in all aspects. The Commission also had to assess whether the agreement complied with the Fair Work Act, particularly the requirement that it not prejudice the achievement of the objectives of the Act.

In determining the matter, the Commission examined the evidence provided by Veolia Environmental Services regarding the bargaining process and the contents of the agreement. It considered submissions from both parties and evaluated whether the agreement was fair and reasonable in terms of the provisions it contained. The Commission found that the application had been properly made and that the agreement met the necessary criteria for approval. It concluded that the agreement was fair and reasonable, and that it did not prejudice the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Veolia Environmental Services Verve Energy Kwinana Power Station, Gas Turbines and Sustainable Operations Enterprise Agreement 2014-2017. This decision signifies that the agreement will govern the terms and conditions of employment for the relevant employees, and it will come into effect from the date of the Commission's approval. The approval reflects the Commission's determination that the agreement was fairly and reasonably developed and that it aligns with the requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established