| [2025] FWCA 2848 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Environmental Services Trading AS Veolia
(AG2025/2613)
VEOLIA REFRACTORIES (VICTORIA) AND CFMEU AGREEMENT 2024
| Waste management industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 26 AUGUST 2025 |
Application for approval of the Veolia Refractories (Victoria) and CFMEU Agreement 2024
An application has been made for approval of an enterprise agreement known as the Veolia Refractories (Victoria) and CFMEU Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services Trading AS Veolia. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry and Maritime Employees 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.
The Agreement was approved on 26 August 2025, in accordance with s.54, will operate from 2 September 2025. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530197 PR791055>
Annexure A
- AGLC
- Veolia Environmental Services Trading AS Veolia [2025] FWCA 2848
- Case
- [2025] FWCA 2848
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly whether it provided for the fair and equitable treatment of employees. The Commission considered the nature of the agreement, its provisions, and whether it provided for appropriate terms and conditions of employment. The Commission also examined whether the agreement facilitated the efficient operation of the enterprise while ensuring fair treatment of employees.
The Commission concluded that the proposed agreement was fair and reasonable, meeting the requirements of the Fair Work Act. The agreement provided for appropriate terms and conditions of employment, ensuring that it facilitated the efficient operation of the enterprise. The Commission found that the agreement was in the best interests of the employees and the enterprise. Consequently, the Commission approved the Veolia Refractories (Victoria) and CFMEU Agreement 2024.
The Commission ordered the approval of the Veolia Refractories (Victoria) and CFMEU Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The decision was made in accordance with the Fair Work Act, ensuring that the agreement was fair, reasonable, and in the best interests of both the employees and the enterprise.
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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