Veolia Environmental Services (Australia) Pty Ltd

[2021] FWCA 3841

[2021] FWCA 3841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/5410)

VEOLIA REFRACTORIES (VICTORIA) AND CFMEU AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 2 JULY 2021

Application for approval of the Veolia Refractories (Victoria) and CFMEU Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Refractories (Victoria) and CFMEU Agreement 2021 (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 Employer). 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. 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 relevant requirements of ss.186, 187, 188 and 190 have been met.

[4] I note that the following clauses are inconsistent with the National Employment Standards:

● Clause 19.4.3 – Instant dismissal; and
● Clause 32 – Annual leave.

[5] However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512064 PR731276>

Annexure A