DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2018/962)

VEOLIA ENVIRONMENTAL SERVICES [REFRACTORIES] AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services [Refractories] 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 Applicant 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services, the Fair Work Commission was tasked with approving a proposed enterprise agreement known as the Veolia Environmental Services [Refractories] Agreement 2018. The agreement was submitted by the company and the union, which represented the employees. The nature of the dispute centred around whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues that the Fair Work Commission had to address involved the compliance of the agreement with the statutory requirements outlined in the Fair Work Act. This included determining if the agreement provided for fair and reasonable terms and conditions, if it included provisions that were contrary to public policy, and if the agreement was made in good faith. The Commission also needed to assess if the agreement contained any provisions that would unduly discriminate against employees or if it provided adequate protections and entitlements as required by law.

Upon reviewing the agreement, the Fair Work Commission found that the proposed terms and conditions were fair and reasonable, and that the agreement was made in good faith. The Commission determined that there were no provisions that contravened public policy or that would result in undue discrimination against employees. Furthermore, the agreement provided adequate protections and entitlements that complied with the relevant legislative framework. As a result, the Fair Work Commission approved the Veolia Environmental Services [Refractories] Agreement 2018.

In its decision, the Fair Work Commission highlighted the importance of ensuring that enterprise agreements provide fair terms and conditions while also considering the broader implications on employees and the industry. The approval of the agreement was a reflection of its compliance with statutory requirements and its balanced approach to the needs of both the employer and 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