Veolia Environmental Services (Australia) Pty Ltd

[2019] FWCA 2393

[2019] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2018/7241)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD SA & NT REFUSE AGREEMENT 2018-2021

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd SA & NT Refuse Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd SA & NT Refuse Agreement 2018-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Veolia Environmental Services (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 March 2019.

[3] The Applicant has submitted an undertaking in the required form dated 21 March 2019. The undertaking provides a National Employment Standards (NES) precedence clause.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The “Transport Workers’ Union of Australia (TWU)”, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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