DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty. Ltd. T/A Veolia Refractories
(AG2018/1540)

VEOLIA REFRACTORIES [LATROBE VALLEY] AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 AUGUST 2018

Application for approval of the Veolia Refractories [Latrobe Valley] Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [Latrobe Valley] 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 15 August 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Refractories, the Fair Work Commission was called upon to approve the Veolia Refractories [Latrobe Valley] Agreement 2017 - 2020. The dispute arose between Veolia, a company engaged in the production of refractory materials, and its employees who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The employees contended that certain aspects of the agreement did not align with the statutory requirements, particularly those concerning pay rates, conditions of employment, and procedural fairness.

The Fair Work Commission needed to determine if the agreement provided a fair and reasonable basis for resolving the terms and conditions of employment. This involved assessing whether the agreement provided for procedural fairness, as well as whether it contained adequate provisions for minimum rates of pay, overtime, penalty rates, and other essential employment conditions. The Commission also had to consider the potential impact of the agreement on the employees and whether it was in the best interests of the workforce as a whole. The decision hinged on a comprehensive review of the agreement's provisions, in light of the relevant legislative framework and principles of industrial fairness.

After thorough consideration, the Fair Work Commission found that the Veolia Refractories [Latrobe Valley] Agreement 2017 - 2020 was in compliance with the necessary statutory requirements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, ensuring procedural fairness and addressing key aspects such as pay rates and working conditions. The decision recognised the balance struck by the agreement in meeting the needs of both the employer and the employees, ultimately concluding that the agreement was fair and reasonable and thus approved its implementation. The approval of the agreement was subject to the terms and conditions set out in the decision, ensuring that both parties adhere to the specified provisions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established