[2025] FWCA 1466
The attached document replaces the document previously issued with the above code on 2 May 2025.
The word ‘Trading’ has been taken out of the Applicant’s name
Associate to Commissioner Ryan
5 May 2025
| [2025] FWCA 1466 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd
(AG2025/1177)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES FABRICATIONS ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 2 MAY 2025 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2025
Veolia Environmental Services (Australia) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 26.1(4) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 5.3 and 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representative
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 2 May 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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<AE528871 PR786964>
- AGLC
- Veolia Environmental Services (Australia) Pty Ltd [2025] FWCA 1466
- Case
- [2025] FWCA 1466
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the provisions relating to the approval process, including whether it was fairly and genuinely negotiated and if it contained necessary minimum terms and conditions. Additionally, the court examined whether the agreement provided for appropriate consultation and notice processes as mandated by the Act.
In delivering its decision, the court found that the agreement was fairly and genuinely negotiated and contained all necessary minimum terms and conditions. The court also concluded that the applicant had appropriately consulted with the employees and provided the requisite notices as stipulated by the Act. Consequently, the court approved the application for the agreement's endorsement. The court's approval was based on its satisfaction that the agreement was fair and appropriate, meeting all legislative requirements for such enterprise agreements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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