Veolia Environmental Services (Australia) Pty Ltd

[2013] FWCA 2259

[2013] FWCA 2259

FAIR WORK COMMISSION

DECISION

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

Veolia Environmental Services (Australia) Pty Ltd
(AG2013/5855)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD COOPER BASIN - ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 APRIL 2013

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Cooper Basin Enterprise Agreement 2013 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“I can confirm that the employees under this Agreement will only be working day shifts and as such are not “shiftworkers” as per the above.

However, in the event that employees may be required to undertake work other than the usual day shift work on a permanent basis, then Veolia Environmental Services would provide the employees with the required shift allowances and additional leave entitlements in accordance with the Fair Work Act 2009 (Cth).”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

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