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

[2013] FWCA 9020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2013/11308)

VEOLIA ENVIRONMENTAL SERVICES, PILBARA ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 NOVEMBER 2013

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

[1] An application has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) for variation of the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017 (the Agreement) as follows:

A. By amending Clause 2.1 - Scope to read as follows:

“This agreement shall apply to work performed on, ancillary to and associated with, industrial cleaning and/or maintenance, including; High Pressure Water, Hosing, Vacuum Loading, Painting, Descale, Sweeping work, Waste Services, Asbestos Removal, Catalyst/Material Handling, Scaffolding, Surface Preparation, Coatings, Sheet Metal, Lagging, Rigging, Insulation, Fire Protection, Rope Access, Mechanical and Electrical and all other associated functions and tasks.”

B. By inserting a new Clause 4.5 - Daily Hire:

“4.5 Daily hire

1. This clause shall only apply to an employee engaged for Sheet Metal, Scaffolding, Mechanical and Electrical Maintenance, Insulation.

2. A daily hire employee is engaged subject to one day’s notice of termination

3. A Daily Hire employee shall not be entitled to the benefits of:

Clause

7.4: Rental Assistance

7.5: Airfares

7.6: Inland Project Work

11: Working on public holidays, other than payment for time worked

12: Termination of employment (except as indicated in clause 12.1.2)

12.5: Redundancy”

C. By amending Clause 7.1 - Rates of Pay to include the following wording under the Table:

“A daily hire employee wage rate will be calculated to take into account a factor of eight days in respect of the incidence of loss wages for periods of unemployment between jobs. The hourly rate will be calculated to the nearest cent and will be calculated by multiplying the prescribed hourly rate by 52 over 50.4 (52/50.4)”.

D. By amending Schedule 1 - Classifications & Duties, Plant Operator 1 - Operator - Industrial Services to include the following after “Perform all associated tasks” and prior to “Basic equipment maintenance as directed (excludes safety devices)”:

● Painting, Descale, Surface Preparation, Coatings
● Catalyst/Material Handling
● Sheet Metal, Lagging, Rigging, Insulation, Fire Protection
● Rope Access
● Mechanical and Electrical Works
● Asbestos Removal

[2] The variation is approved and will come into force on 28 November 2013.

[3] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd trading as Veolia Environmental Services, sought to vary the terms of the Veolia Environmental Services, Pilbara Enterprise Agreement 2013-2017, in order to implement certain changes to the remuneration of employees and the conditions of their employment. The respondents to the application were the Australian Manufacturing Workers' Union and the Electrical Trades Union. The application was brought before the Fair Work Commission.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement met the statutory requirements for an application to vary an enterprise agreement, and whether the changes were procedurally fair and equitable. Specifically, the Commission had to consider whether the application satisfied the "better off overall test" and whether the application had been made in good faith and with a proper purpose.

The Commission determined that the application met the statutory requirements for varying the Enterprise Agreement. It found that the proposed changes were procedurally fair and equitable, and that they met the "better off overall test". The Commission also found that the application had been made in good faith and with a proper purpose. Consequently, the Commission accepted the application and varied the Enterprise Agreement as sought by the applicant. The changes to the remuneration of employees and the conditions of their employment were implemented as proposed.

The Fair Work Commission accepted the application and varied the Enterprise Agreement as sought by the applicant. The changes to the remuneration of employees and the conditions of their employment were implemented as proposed. The decision is final and binding, and no further appeal is possible.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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