DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2021/4025)

VEOLIA REFRACTORIES [W.A.] AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 MARCH 2021

Application for approval of the Veolia Refractories [W.A.] Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories [W.A.] Agreement 2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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 is approved and, in accordance with s.54 of the Act, will operate from 29 March 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, Veolia Environmental Services Pty Ltd applied for approval of an enterprise agreement, specifically the Veolia Refractories (W.A.) Agreement 2021. The application was made under section 177 of the Fair Work Act 2009. The parties involved included the applicant, Veolia Environmental Services, and the Australian Council of Trade Unions as the union representative for the employees.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been properly certified by the Fair Work Commission. Additionally, the court considered whether the agreement was consistent with the public interest and whether it provided fair and reasonable terms for the employees.

The court found that the agreement satisfied all the statutory requirements. It was made in good faith and contained the minimum terms and conditions stipulated by the Fair Work Act. The court also determined that the agreement was consistent with the public interest and provided fair and reasonable terms for the employees. The agreement was approved, and the application was successful.

No further orders were made beyond the approval of the enterprise agreement. The court's decision allowed the agreement to be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

Veolia Environmental Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established