Veolia Environmental Services (Australia) Pty Ltd

[2014] FWCA 7304

[2014] FWCA 7304

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2014/7628)

VEOLIA ENVIRONMENTAL SERVICES, QUEENSLAND MACKAY WASTE MANAGEMENT OPERATIONS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 16 OCTOBER 2014

Application for approval of the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services, Queensland Mackay Waste Management Operations Enterprise Agreement 2014 (the Agreement). The application was made 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] Veolia Environmental Services (Australia) Pty Ltd has provided a signed written undertaking, in relation to clause 2.3.5 - Flexibility. I have also received a supporting email from the Transport Workers’ Union of Australia (TWU). I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date is three (3) year from the date of approval.

COMMISSIONER

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