| [2018] FWCA 4610 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services (Australia) Pty. Ltd. T/A Veolia Refractories
(AG2018/3436)
VEOLIA REFRACTORIES (VICTORIA) AND CFMMEU AGREEMENT 2017-2020
Building, metal and civil construction industries | |
COMMISSIONER LEE | MELBOURNE, 6 AUGUST 2018 |
Application for approval of the Veolia Refractories (Victoria) and CFMMEU Agreement 2017-2020.
[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories (Victoria) and CFMMEU Agreement 2017-2020 (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 Refractories. 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 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 31 December 2020.
COMMISSIONER
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- AGLC
- Veolia Environmental Services (Australia) Pty. Ltd. T/A Veolia Refractories [2018] FWCA 4610
- Case
- [2018] FWCA 4610
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement complied with the statutory obligations and standards set out in the Fair Work Act. This included assessing whether the agreement had been made free from any improper conduct, whether it provided for a proper balance between the rights and obligations of employers and employees, and whether it complied with the provisions relating to minimum entitlements. Additionally, the Commission had to consider whether the agreement adequately met the 'better off overall test', ensuring that employees were not worse off financially under the new terms.
In rendering its decision, the Fair Work Commission examined the process through which the agreement was made, the contents of the agreement itself, and its compliance with the legal framework. The Commission noted that the agreement was the result of good faith negotiations and did not contain any terms that were contrary to public policy or that disadvantaged employees. Furthermore, the Commission found that the agreement provided for fair and reasonable terms for employees, including provisions for wages, leave, and other employment conditions. The Commission concluded that the agreement met all necessary statutory requirements and was in compliance with the 'better off overall test'.
As a result of its findings, the Fair Work Commission approved the Veolia Refractories (Victoria) and CFMMEU Agreement 2017-2020. The agreement was deemed to be fair and reasonable, and the Commission certified it as an approved enterprise agreement under the Fair Work Act. This approval ensures that the terms of the agreement will govern the employment conditions for the specified period, providing a legal framework for the relationship between Veolia Environmental Services (Australia) Pty. Ltd. and its employees in Victoria.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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