Veolia Environmental Services (Australia) Pty Ltd

[2019] FWCA 7237

[2019] FWCA 7237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/3699)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES CFMMEU/CEPU YALLOURN POWER STATION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Yallourn Power Station Enterprise Agreement 2019.

[1] Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services CFMMEU/CEPU Yallourn Power Station Enterprise Agreement 2019 (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 whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives 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.

[4] On the basis of the material contained in the 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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Annexure A