Veolia Environmental Services (Australia) Pty Ltd Summary

[2025] FWCA 2633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/2294)

VEOLIA ENVIRONMENTAL SERVICES (REFRACTORIES) AGREEMENT 2025

Waste management industry
COMMISSIONER CONNOLLY	MELBOURNE, 11 AUGUST 2025

Application for approval of the Veolia Environmental Services (Refractories) Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Refractories) Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 22 July 2025.

On 29 July 2025, the Employer was invited to address aspects of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 at Clause 36A is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Veolia Environmental Services (Refractories) Agreement 2025. The application involved employees of Veolia working in the refractory manufacturing industry, with the aim of establishing terms and conditions of employment. The dispute centred on the fairness, efficacy, and compliance of the proposed agreement with the Fair Work Act 2009. The Commission had to decide whether the agreement was in the public interest and met the requirements for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms of employment, whether it complied with the provisions of the Fair Work Act, and whether it was made in good faith. The Commission also considered the extent to which the agreement facilitated improved productivity and workplace relations. The analysis required balancing the interests of the employer and employees, ensuring that the agreement did not unduly disadvantage either party and promoted fair work outcomes.

After reviewing the submissions and evidence from both parties, the Commission determined that the proposed agreement was fair and reasonable. It found that the terms were not unduly disadvantageous to employees, met the requirements of the Act, and were made in good faith. The agreement was also considered to be likely to improve productivity and workplace relations. Consequently, the Commission approved the agreement, recognising it as meeting the necessary standards for the public interest.

The final orders included the approval of the Veolia Environmental Services (Refractories) Agreement 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees. The decision underscored the importance of fair and reasonable terms in employment agreements, ensuring compliance with the Fair Work Act and promoting harmonious workplace relations.

Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established