Veolia Environmental Services

[2021] FWCA 6840

[2021] FWCA 6840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services
(AG2021/8093)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NT RESOURCE RECOVERY AGREEMENT 2021 - 2024

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NT Resource Recovery Agreement 2021- 2024

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NT Resource Recovery Agreement 2021- 2024 (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. 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. 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 are relevant to this application for approval and have been met. The Agreement covers all employees of the employer and taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observed that clauses 5.20, 19.7, 19.10, 29.8.1 and 32.2.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, to address this, the Employer provided a NES precedence clause which is in the undertaking at Annexure A, 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, will operate from 9 December 2021. The nominal expiry date of the Agreement is 25 November 2024.

Printed by authority of the Commonwealth Government Printer

<AE514022  PR736173>

Annexure A