Veolia Environmental Services (Australia) Pty Ltd

[2025] FWCA 3099

[2025] FWCA 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/2793)

VEOLIA REFRACTORIES [W.A.] AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 12 SEPTEMBER 2025

Application for approval of the Veolia Refractories [W.A.] Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Veolia Refractories [W.A.] Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 October 2024 and the Agreement was made on 8 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (CFMEU), who were a bargaining agent, expressed a view as to whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. 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. 

1. As the Agreement did not contain a delegates’ rights term, the delegates’ rights clause from the Building and Construction General On-site Award 2020 has been inserted as a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The CFMEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

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