DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services T/A Veolia
(AG2016/6115)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY. LTD. INDUSTRIAL SERVICES CFMEU/CEPU POWER STATIONS SITES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Veolia Environmental Services (Australia) Pty. Ltd. Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty. Ltd. Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty. Ltd., trading as Veolia, sought approval of its 2016 Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement from the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Clean Energy and Paper Workers Union (CEPU). The core of the dispute revolved around the terms of the agreement, particularly those relating to employment conditions, pay rates, and the scope of bargaining. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement was made in the course of genuine bargaining, whether it complied with the provisions of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to consider if the agreement met the statutory requirements for approval, including whether it provided for minimum pay rates and conditions, and whether it was consistent with the objects of the Fair Work Act. The Commission also examined the process through which the agreement was negotiated and whether it involved genuine bargaining.

In its decision, the Commission found that the agreement had been negotiated in good faith and met the requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions for employees, including minimum pay rates and other employment conditions. The Commission also determined that the agreement was consistent with the objects of the Fair Work Act and provided for a fair balance between the interests of the employer and employees. After considering the evidence and arguments presented, the Commission approved the agreement, finding that it complied with all statutory requirements.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty. Ltd. Industrial Services CFMEU/CEPU Power Stations Sites Enterprise Agreement 2016, subject to the conditions and provisions outlined in the decision. This approval ensures that the agreement will serve as a binding framework for employment conditions between Veolia and the relevant unions.

Veolia Environmental Services T/A Veolia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established