austlii:cth/FWCA/2025/4462
General information, not legal advice.
FWCA
2025-12-31
Original judgment source is linked above.
s.185 - Enterprise agreement
Application for approval of the Veolia Refractories [NSW] Agreement 2025.
[1] Veolia Environmental Services Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Veolia Refractories [NSW] Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
[3] Subject to the undertaking 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 provisions at clause 19(f) of the Agreement relating to cashing out of annual leave may be inconsistent with the National Employment Standards (NES). However, noting clause 2(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2026. The nominal expiry date of the Agreement is 31 December 2027.
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