DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/7304)

VEOLIA REFRACTORIES [NSW] AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JULY 2019

Application for approval of the Veolia Refractories [NSW] Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [NSW] Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 25 July 2019 and, in accordance with s.54, will operate from 1 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Veolia Environmental Services (Australia) Pty Ltd trading as Veolia Environmental Services, which applied for approval of the Veolia Refractories [NSW] Agreement 2018. The application was heard in the Fair Work Commission, which was required to determine whether the agreement should be approved under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval as a safety net agreement, given that it did not cover all employees of the company.

The legal issues before the Commission involved assessing the extent to which the proposed agreement provided a safety net for the employees it covered. The Commission had to examine whether the agreement contained minimum terms and conditions of employment that were no less favourable than the applicable award or registered agreement, and whether it was in the best interests of the employees. Additionally, the Commission had to ensure that the agreement did not undermine the safety net provided by the industrial system.

The Fair Work Commission determined that the agreement did provide a safety net for the employees it covered. The Commission found that the terms and conditions within the agreement were no less favourable than those provided by the relevant award or registered agreement. Furthermore, the Commission concluded that the agreement was in the best interests of the employees and did not undermine the safety net. Consequently, the Commission approved the application for the agreement's registration. The Commission's decision was based on a detailed analysis of the terms of the agreement and their comparison with existing industrial instruments, as well as the overall benefit to the employees.

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