Veolia Environmental Services (Australia) Pty Ltd

[2024] FWCA 4670

[2024] FWCA 4670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2024/4969)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD CAMERON PARK MAINTENANCE ENTERPRISE AGREEMENT 2024

Vehicle industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 24 DECEMBER 2024

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2024

Introduction

1. Veolia Environmental Services (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Cameron Park Maintenance Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 August 2024 and the Agreement was made on 29 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

1. Clause 5.4 of the Agreement states that employees may be required to work on a public holiday. However, the clause does not provide a mechanism for an employee to refuse this work if the refusal is reasonable, as is stipulated by s.114 of the Act and accordingly the clause may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 1.3 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 186, 187, and 188

1. I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2028.

DEPUTY PRESIDENT

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