Veolia Environmental Services NSW Summary

[2013] FWCA 1278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services NSW
(AG2013/4925)

VEOLIA ENVIRONMENTAL SERVICES NSW MAINTENANCE ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER CARGILL	SYDNEY, 1 MARCH 2013

Veolia Environmental Services NSW Maintenance Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services NSW Maintenance Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services NSW (the company). The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the notice to be provided to employees upon termination. I am satisfied the undertaking meets my concern. Attached to the undertaking are the bargaining representative’s signatures noting that they have read and support the undertaking made by the company.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 March 2013. The nominal expiry date is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Veolia Environmental Services NSW sought to have the Veolia Environmental Services NSW Maintenance Enterprise Agreement 2012 declared to no longer be in effect. The respondent, United Voice, argued that the agreement remained valid. The matter was heard by Deputy President J O’Malley. The primary legal issue was whether the enterprise agreement had been terminated or expired and if it could be reinstated under the relevant provisions of the Fair Work Act 2009. The court had to consider the specific terms of the agreement, the actions of the parties, and the statutory requirements for termination or expiry.

The court examined the provisions of the Fair Work Act, particularly focusing on section 228 which outlines the circumstances under which an enterprise agreement can terminate. The court found that the agreement had not been formally terminated by either party and had not expired as per its own terms. Given the absence of any formal termination process being followed, the court concluded that the agreement remained in effect. The court also noted that the parties' conduct did not reflect an intention to terminate the agreement, further supporting its continued validity.

Consequently, the Fair Work Commission ruled that the Veolia Environmental Services NSW Maintenance Enterprise Agreement 2012 remained in force and effect. The application by Veolia Environmental Services NSW to have the agreement declared terminated was dismissed. This decision ensured that the terms and conditions set out in the agreement continued to govern the employment relationship between the employer and the employees represented by United Voice.

Veolia Environmental Services NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established