DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services, NSW
(AG2015/730)

VEOLIA REFRACTORIES (TOMAGO) & CFMEU ENTERPRISE BARGAINING AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the Veolia Refractories (Tomago) & CFMEU Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories (Tomago) & CFMEU Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services, NSW. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services, NSW, brought an application before the Fair Work Commission for the approval of the Veolia Refractories (Tomago) & CFMEU Enterprise Bargaining Agreement 2015. The Australian Manufacturing Workers' Union opposed the application, arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement adequately covered the minimum terms and conditions as outlined in the Act, including minimum rates of pay, leave entitlements, and other essential employment conditions.

The legal issues that the Commission was required to decide upon included whether the proposed agreement provided for minimum rates of pay that complied with the safety net, whether it adequately covered leave entitlements, and whether it met the requirements of procedural fairness. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for minimum rates of pay that complied with the safety net, as well as adequate leave entitlements. The Commission also found that the agreement was in the best interests of the employees and provided for a fair and efficient workplace. The application for approval of the Veolia Refractories (Tomago) & CFMEU Enterprise Bargaining Agreement 2015 was subsequently approved by the Fair Work Commission.

Veolia Environmental Services, NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established