DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/159)

VEOLIA ENVIRONMENTAL SERVICES [REFRACTORIES] AGREEMENT 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the Veolia Environmental Services [Refractories] Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services [Refractories] Agreement 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2021. The applicant sought to have the agreement registered under section 232 of the Fair Work Act 2009. The application arose from an enterprise agreement covering employees of the company engaged in the refractories sector. The legal issues before the court involved determining whether the agreement complied with the requirements of the Fair Work Act and associated regulations. Specifically, the court needed to assess whether the agreement contained all the mandatory terms and conditions as prescribed by the Act and whether the agreement was made in good faith and followed the correct bargaining processes.

The court considered the content of the agreement, the process by which it was negotiated, and whether there was genuine bargaining between the parties. The applicant argued that the agreement met all legal requirements and represented a fair and reasonable outcome for both employers and employees. The court examined whether the agreement provided for minimum terms and conditions, including rates of pay, hours of work, and other entitlements, and whether it allowed for appropriate dispute resolution mechanisms. Additionally, the court assessed whether there was compliance with the procedural fairness standards, including the provision of necessary information and the opportunity for employees to be represented.

After careful consideration, the court determined that the agreement was compliant with all statutory requirements. The court found that the agreement contained all mandatory terms and conditions, was made in good faith, and followed the correct bargaining processes. The court was satisfied that the agreement provided fair and reasonable outcomes for both parties and met the standards set by the Fair Work Act. Therefore, the court approved the agreement and ordered its registration under the Act. This decision ensures that the terms of the agreement are legally enforceable and provides certainty for both the employer and the employees involved.

Veolia Environmental Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established