| [2022] FWC 3303 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2022/5033)
Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025
| Plumbing industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 DECEMBER 2022 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022 - 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 16 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services [2022] FWC 3303
- Case
- [2022] FWC 3303
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to decide were whether the agreement was a "direct replacement" of the previous enterprise agreement, if the agreement contained any unlawful provisions, and if the agreement had been appropriately negotiated and agreed upon by the relevant parties. Additionally, the court needed to assess whether the agreement complied with the "better off overall test" as stipulated by the Fair Work Act.
The court found that the proposed agreement was a direct replacement of the existing enterprise agreement and contained no unlawful provisions. It was determined that the agreement had been negotiated in good faith and was supported by the relevant parties. The court also concluded that the agreement met the better off overall test, as it provided for improved terms and conditions for the employees covered by the agreement. Therefore, the court approved the Veolia Environmental Services (Australia) Pty Ltd Plumbing Enterprise Agreement 2022-2025, as it met all the necessary legal requirements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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