DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2020/3853)

VEOLIA REFRACTORIES [LATROBE VALLEY] AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2021

Application for approval of the Veolia Refractories [Latrobe Valley] Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [Latrobe Valley] Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chelsea Knott T/A 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, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2021. The nominal expiry date of the Agreement is 31 October 2023.

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 Refractories [Latrobe Valley] Agreement 2020. The applicant, a company involved in the waste management and environmental services industry, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement, which was to apply to certain employees in the Latrobe Valley region, met the necessary criteria for registration.

The central legal issues before the court were whether the agreement had been made in accordance with the requirements of the Fair Work Act, specifically if it had been made in good faith and without coercion, and if it provided for the proper classification and remuneration of employees. Additionally, the court had to determine if the agreement adequately covered the prescribed minimum terms and conditions of employment, and if it complied with any other relevant provisions of the Act.

The Fair Work Commission found that the Veolia Refractories [Latrobe Valley] Agreement 2020 was made in good faith and without coercion, and that it provided for the proper classification and remuneration of employees. The Commission noted that the agreement had been negotiated between the parties over a period of time, and that it contained provisions covering the prescribed minimum terms and conditions of employment. Furthermore, the Commission determined that the agreement complied with all other relevant provisions of the Fair Work Act. Based on these findings, the Commission approved the application for registration of the agreement.

The final orders of the Fair Work Commission were that the Veolia Refractories [Latrobe Valley] Agreement 2020 be approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The parties were directed to comply with the terms and conditions of the agreement, and the agreement was registered with the Fair Work Commission.

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