DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Veolia Environmental Services (Australia) Pty. Ltd. T/A Veolia Refractories
(AG2016/4398)

VEOLIA REFRACTORIES [W.A.] AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2016

Application for variation of the Veolia Refractories [W.A.] Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Veolia Refractories [W.A.] Agreement 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Refractories. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 19 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty. Ltd. T/A Veolia Refractories sought to vary the Veolia Refractories [W.A.] Agreement 2014 through the Fair Work Commission (FWC). The primary dispute revolved around the conditions of employment for employees who were previously engaged under the agreement but had transitioned to a new agreement. The applicant argued that the changes in the terms and conditions of employment warranted a variation of the existing agreement to reflect the current employment realities. The respondents, representing the employees, opposed the application, contending that the changes did not justify a variation and that the existing agreement remained applicable.

The legal issues before the FWC included whether the changes to the employment conditions constituted a material change in the circumstances of the employees sufficient to warrant a variation of the existing agreement. Additionally, the FWC had to determine whether the changes implemented by the applicant aligned with the principles of good faith bargaining and whether the employees' rights and protections under the existing agreement were adequately maintained. The FWC also needed to assess if the variation would unfairly disadvantage the employees and whether the applicant had acted in accordance with the relevant legislative framework.

In reaching its decision, the FWC considered the evidence presented by both parties, including the nature of the changes implemented by the applicant and the impact of those changes on the employees. The FWC found that the changes to the employment conditions did indeed constitute a material change in circumstances, thereby warranting a variation of the existing agreement. The FWC emphasised the importance of good faith bargaining and concluded that the applicant had acted within the bounds of the Fair Work Act 2009. The Commission determined that the variation was necessary to reflect the current employment conditions accurately and that it did not unfairly disadvantage the employees. Consequently, the FWC approved the variation of the existing agreement.

The final orders of the FWC included the approval of the variation to the Veolia Refractories [W.A.] Agreement 2014, effective from a specified date. The variation included the updated terms and conditions of employment as proposed by the applicant. The FWC also directed that the employees be provided with appropriate notice of the changes and that any disputes arising from the variation be resolved through the mechanisms established under the new agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established