Veolia Environmental Services (Australia) Pty Ltd

Case

[2025] FWCA 593

14 FEBRUARY 2025


[2025] FWCA 593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2024/5280)

VEOLIA ENVIRONMENTAL SERVICES CLYDE TRANSFER STATION ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services

COMMISSIONER CRAWFORD

SYDNEY, 14 FEBRUARY 2025

Application for approval of the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Clyde Transfer Station Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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