DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2021/5766)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD TOMAGO REFRACTORIES ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Tomago Refractories Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Tomago Refractories Enterprise 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 T/A Veolia Environmental Services. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services to the Fair Work Commission concerns the approval of the Veolia Environmental Services (Australia) Pty Ltd Tomago Refractories Enterprise Agreement 2021. The parties involved are Veolia Environmental Services and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres on whether the agreement should be approved as a registered agreement under the Fair Work Act 2009.

The central legal issue the Commission needed to address was whether the agreement met the requirements for registration as a single-enterprise agreement. This included whether the agreement provided for the proper classification of employees, provided for fair and reasonable terms and conditions, and adhered to the good faith bargaining principles. Additionally, the Commission considered whether the agreement met the genuine agreement test, ensuring that it was not made under duress or coercion.

In determining the application, the Commission examined the evidence presented by both parties. The Commission noted the extensive consultation and negotiation processes that occurred, which satisfied the good faith bargaining requirement. It found that the agreement was not made under duress or coercion, fulfilling the genuine agreement test. Furthermore, the Commission confirmed that the agreement provided for fair and reasonable terms and conditions and correctly classified employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Veolia Environmental Services (Australia) Pty Ltd Tomago Refractories Enterprise Agreement 2021 as a registered agreement. The approval took effect from the date of the Commission's decision.

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established