Veolia Environmental Services (Australia) Pty Ltd

[2020] FWCA 3719

[2020] FWCA 3719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2020/1692)

VEOLIA ENVIRONMENTAL SERVICES AUSTRALIA COMMERCIAL SERVICES [TASMANIA] ENTERPRISE AGREEMENT 2020 - 2023

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JULY 2020

Application for approval of the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020 - 2023.

[1] Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Environmental Services Australia Commercial Services [Tasmania] Enterprise Agreement 2020 – 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application, by filing an amended Agreement. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 20 July 2020 and, in accordance with s.54, will operate from 27 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A