DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/6146)

VEOLIA REFRACTORIES [W.A.] AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [W.A.] 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement was approved on 27 March 2019 and, in accordance with s.54, will operate from 3 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Veolia Environmental Services (Australia) Pty Ltd, trading as Veolia Environmental Services, and its employees represented by the Australian Manufacturing Workers' Union. The dispute centred around the application for approval of the Veolia Refractories [W.A.] Agreement 2018. The applicants sought to have the agreement, which was made without the involvement of the union, approved by the Commission. The union argued that the agreement did not meet the statutory requirements for an enterprise agreement and should not be approved.

The central legal issue before the Commission was whether the Veolia Refractories [W.A.] Agreement 2018 complied with the statutory criteria set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the necessary provisions, including those related to minimum entitlements and other mandatory terms. Additionally, the Commission needed to consider if the agreement was made without the union's involvement, and if it was still valid under the Act.

In its decision, the Commission examined the provisions of the agreement and the circumstances of its making. The Commission found that the agreement was made in good faith and contained all the necessary mandatory terms. It also determined that the absence of union involvement did not invalidate the agreement, as the employees had freely entered into the agreement. The Commission concluded that the agreement met the statutory requirements and approved it. The Commission emphasised that while it is preferable for agreements to be made with union involvement, the absence of such involvement does not automatically render an agreement invalid if it otherwise meets the legal criteria.

The Fair Work Commission approved the Veolia Refractories [W.A.] Agreement 2018, recognising it as a valid enterprise agreement. The Commission's decision underscores the importance of ensuring that agreements meet the statutory criteria for approval, even in the absence of union involvement. This ruling provides clarity for future enterprise agreements and reinforces the Commission's role in overseeing the fairness and compliance of such agreements.

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