Veolia Environmental Services (Australia) Pty Ltd

[2014] FWCA 1770

The attached document replaces the document previously issued with the above code on 17 March 2014.

The Agreement title in paragraph [1] has been corrected by inserting “2014”.

Matthew Jordon

Acting Associate to Deputy President Gostencnik

Dated 18 March 2014

[2014] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/3334)

VEOLIA REFRACTORIES [W.A.] AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2014

Application for approval of the Veolia Refractories [W.A.] Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [W.A.] Agreement 2014 (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] 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, 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 was approved on 17 March 2014 and, in accordance with s.54, will operate from 24 March 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd recently sought approval from the Fair Work Commission for the Veolia Refractories [W.A.] Agreement 2014, a proposed enterprise agreement that would govern the employment terms of its workers at the Kwinana Refractories Plant in Western Australia. The applicant and the relevant union, the Construction, Forestry, Maritime, Mining and Energy Union, had engaged in negotiations resulting in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement was a "bargaining agreement" within the meaning of the Act, and if it contained the required minimum terms and conditions as stipulated by the Fair Work Act. The Commission also needed to ensure that the agreement was made in good faith, and that the bargaining process adhered to the procedural requirements of the Act. Additionally, the Commission considered whether the agreement would have an adverse effect on employees, and if the agreement was in the interests of the employees.

The Commission found that the proposed agreement met the criteria for approval. It was a genuine enterprise agreement made in good faith, and the bargaining process was procedurally sound. The agreement contained all the required minimum terms and conditions, and there was no evidence to suggest that it would have an adverse effect on employees. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees. As a result, the Commission approved the Veolia Refractories [W.A.] Agreement 2014, which now governs the employment terms of the workers at the Kwinana Refractories Plant.

In summary, the Fair Work Commission approved the proposed enterprise agreement between Veolia Environmental Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Commission determined that the agreement met all the necessary criteria for approval under the Fair Work Act 2009, and that it was in the best interests of the employees. The agreement is now in force and governs the employment terms of the workers at the Kwinana Refractories Plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established