Veolia Environmental Services (Australia) Pty Ltd

[2019] FWCA 4707

[2019] FWCA 4707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2019/2165)

VEOLIA ENVIRONMENTAL SERVICES NSW LIQUID WASTE AND TREATMENT ENTERPRISE AGREEMENT 2019-2023

Waste management industry
DEPUTY PRESIDENT BULL	SYDNEY, 5 JULY 2019

Application for approval of the Veolia Environmental Services NSW Liquid Waste and Treatment Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by Veolia Environmental Services (Australia) Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Veolia Environmental Services NSW Liquid Waste and Treatment Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

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

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.4 – Compassionate Leave – provides for 2 days of compassionate leave, however s.104 of the Act provides for 2 days of compassionate leave for each permissible occasion;

•  Clause 20.7(c) – Public Holidays – provides that an employee other than a casual who, without the consent of their employer or without reasonable cause, is absent from work on the day before or the day after a public holiday is not entitled to any payment for such public holiday. This appears to take away from employees their entitlement to a paid day off per s.116 of the Act. Further, when defining Public Holidays, this clause makes no provision for any other day, or part-day, declared or prescribed by or under a law of a State or Territory per s 115(b) of the Act.  

[4] However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

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