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

[2013] FWCA 1388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2013/4485)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA PTY LTD (WA) PLUMBING ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 MARCH 2013

Veolia Environmental Services Australia PTY LTD (WA) Plumbing Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Australia PTY LTD (WA) Plumbing Enterprise Agreement 2013 - 2016 (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] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[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 three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, was involved in a dispute concerning the Plumbing Enterprise Agreement 2013-2016. The dispute was brought by the Australian Manufacturing Workers' Union, representing the employees. The Commission was tasked with resolving issues regarding the interpretation and application of the agreement, particularly focusing on classification and wage provisions.

The legal issues that the Commission needed to address included the classification of employees under the agreement, the interpretation of specific wage rates and conditions, and the calculation of penalty rates. The crux of the dispute revolved around whether certain employees were appropriately classified and whether the company had correctly applied the agreed wage rates and conditions. Additionally, the Commission needed to determine if the employer had breached the agreement by failing to adhere to the specified classification and wage structures.

In its decision, the Commission meticulously reviewed the terms of the enterprise agreement, considered submissions from both parties, and examined relevant industry standards and practices. The Commission found that the classification of certain employees was not in accordance with the agreement and that the company had not correctly applied the wage provisions. The Commission also determined that the employer had failed to comply with the stipulated classification and wage structures, resulting in breaches of the agreement. Consequently, the Commission ordered the employer to rectify the classification and wage issues, ensuring compliance with the terms of the agreement. The Commission further directed the employer to back-calculate and pay any outstanding wages and penalty rates to the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established