Veolia Environmental Services

[2024] FWCA 3256

[2024] FWCA 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services

(AG2024/3117)

VEOLIA ENVIRONMENTAL SERVICES BLUESCOPE HASTINGS & AWU AGREEMENT 2024

Waste management industry
COMMISSIONER ALLISON	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024

1. Veolia Environmental Services (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Veolia Environmental Services BlueScope Hastings & AWU Agreement 2024 (the Agreement).

1. The Australian Workers’ 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.

1. The Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The Agreement is silent regarding shift penalties for non-continuous shiftwork, which are provided for at clause 33.2(e) of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Noting clause 3 of the Agreement which incorporates the Award, I am satisfied that the provision of the Award in relation to non-continuous shiftwork will apply, when relevant, to employees covered by the Agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024, notwithstanding the date specified in clause 5 of the Agreement. The nominal expiry date of the Agreement is 17 September 2027.

COMMISSIONER

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