Veolia Environmental Services (Australia) Pty Ltd Summary

[2014] FWCA 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/12876)

VEOLIA ENVIRONMENTAL SERVICES [REFRACTORIES] AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 JANUARY 2014

Application for approval of the Veolia Environmental Services [Refractories] Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services [Refractories] 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 Applicant). 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 Applicant has provided a copy of the VES Refractories Code of Conduct Policy. A copy is attached to this decision as Annexure A and is also attached to the Agreement.

[4] 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.

[5] 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.

[6] The Agreement was approved on 9 January 2014 and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Veolia Environmental Services (Australia) Pty Ltd, applied to the Fair Work Commission for approval of the Veolia Environmental Services [Refractories] Agreement 2014. The applicant sought to have the agreement registered with the Fair Work Commission as a single-enterprise agreement. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements for registration, including the proper consultation process, and whether the agreement contained all the necessary terms and conditions as required by the Fair Work Act. The applicant argued that it had conducted genuine and meaningful consultation with its employees and that the agreement contained all the mandatory terms and conditions as required by the legislation.

The Fair Work Commission found that the applicant had conducted genuine and meaningful consultation with its employees and that the agreement contained all the mandatory terms and conditions required by the Fair Work Act. The Commission noted that the applicant had provided evidence of its consultation process, including a summary of the meetings held, the issues discussed, and the responses provided by the employees. The Commission was satisfied that the agreement met the criteria for registration under the Fair Work Act.

Accordingly, the Fair Work Commission approved the registration of the Veolia Environmental Services [Refractories] Agreement 2014 as a single-enterprise agreement. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by the agreement.

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