Veolia Environmental Services (Australia) Pty Ltd

Case

[2022] FWCA 172

24 JANUARY 2022


[2022] FWCA 172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2021/8811)

Veolia Environmental Services (Australia) Pty Ltd SA Collection Services & Resource Recovery Agreement 2021- 2024

Waste management industry

COMMISSIONER SIMPSON

BRISBANE, 24 JANUARY 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd SA Collection Services & 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 SA Collection Services & 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 (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 3.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.



COMMISSIONER

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