Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd

Case

[2019] FWCA 1405

4 MARCH 2019

No judgment structure available for this case.

[2019] FWCA 1405
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd
(AG2018/6795)

VEOLIA AUSTRALIA AND NEW ZEALAND GREENACRE TRANSFER STATION ENTERPRISE BARGAINING AGREEMENT 2018 - 2022

Waste management industry

DEPUTY PRESIDENT MASSON

MELBOURNE, 4 MARCH 2019

Application for approval of the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) 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.

[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] I note that Clause 22.5 (a) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 15 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502113  PR705493>

Annexure A

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