Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services

[2020] FWCA 1287

[2020] FWCA 1287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
(AG2020/325)

VEOLIA ENVIRONMENTAL SERVICES MUJA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2020

Application for approval of the Veolia Environmental Services Muja Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Muja Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that clause 12.1(8) of the Agreement may be unenforceable as it is likely to be a deduction contrary to s.324 of the Act. I also note that the Employer accepted within its written submissions filed on 9 March 2020 that clause 12.1(8) is an inoperative clause.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2020. The nominal expiry date of the Agreement is 10 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507369  PR717376>

Annexure A