Veolia Environmental Services (Australia) Pty Ltd

[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

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.

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

< AE530443 PR791715>

CaseChat Overview and Summary

In the Federal Court, Veolia Environmental Services (Australia) Pty Ltd sought approval of the Veolia Refractories [W.A.] Agreement 2025. The applicant, an employer, and the Australian Manufacturing Workers' Union, representing the employees, had negotiated the agreement which outlined various terms and conditions of employment. The dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The court needed to determine whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions. The applicant argued that the agreement was negotiated in good faith and included appropriate protections for employees, while the union raised concerns about certain provisions, including those related to shift patterns and leave entitlements. The court considered the evidence and submissions from both parties, evaluating the agreement against the statutory requirements.

After careful consideration, the court found that the agreement was made in good faith and that it contained fair and reasonable terms and conditions for the employees. The court was satisfied that the agreement provided adequate protections for the employees, and that any concerns raised by the union were addressed through the negotiation process. Consequently, the court approved the Veolia Refractories [W.A.] Agreement 2025, recognising its compliance with the statutory requirements.

The court's decision was reflected in its final orders, granting approval of the agreement as negotiated between the applicant and the union. The agreement would now be registered with the Fair Work Commission, and would govern the employment terms and conditions of the relevant employees. The court's approval marked the conclusion of the application process, ensuring that the agreement could be implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established