Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
[2021] FWCA 1617
•25 MARCH 2021
| [2021] FWCA 1617 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2021/229)
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD MURRIN MURRIN ENTERPRISE AGREEMENT 2020 - 2024
Manufacturing and associated industries | |
DEPUTY PRESIDENT BEAUMONT | PERTH, 25 MARCH 2021 |
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024.
[1] Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[4] Subject to the undertakings referred to above, and based on the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.
[5] The Agreement is approved and, in accordance with s 54, will operate from 1 April 2021. The nominal expiry date of the Agreement is 25 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE510873 PR728072>
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter Number: AG2021/229
Applicant: Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024
Section 185 — Application for approval of a single enterprise agreement
Undertaking — Section 190
I, Melissa Ausage, Human Resource Business Partner have the authority given to me by Veolia Environmental Services (Australia) Pty Ltd to give the following undertakings with respect to the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2020 - 2024 ("the Agreement"):
1. For the purposes of the National Employment Standards a shiftworker is an employee who:(a) works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the 7 days of the week; and (b) who is regularly rostered to work on Sundays and public holidays.
2. For the avoidance of doubt, Clauses 11 and 16 shall be construed and applied as operating in accordance with the National Employment Standards of the Fair Work Act 2009 (Cth).
3. Clause 20.7 is amended to remove the requirement for an employee to return all company property prior to receiving any final payments.
4. All employees engaged to work shift work (afternoon shift or night shift), to work on a public holiday and to work on weekends (Saturday and Sunday), will be engaged for a minimum of 12 hours per day/shift, therefore relevant additional hours allowances and/ or shift loading will apply.
5. In accordance with Clause 8.3(a) when additional hours are worked by an employee in excess of 7.6 ordinary hours per day, Monday to Sunday, employees will receive 150% for the first two hours of overtime and 200% thereafter. In addition to the above, all employees will also receive an additional hours allowance and/or shift loading per day/shift where applicable, in accordance with below table:
ADDITIONAL HOURS ALLOWANCE | RATE |
Grade 1 (Monday - Friday) | $5.00 |
Grade 2 (Monday - Friday) | $8.00 |
Grade 3 (Monday - Friday) | $30.00 |
Grade 4 (Monday - Friday) | $50.00 |
Grade 5 (Monday - Friday) | $90.00 |
Saturday (All Grades) | $175.00 |
Sunday (All Grades) | $205.00 |
Public Holiday (All Grades) | $300.00 |
Shift Loading | Percentage |
Shift Loading (All Grades) | 5% |
These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
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