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

[2019] FWCA 6553

[2019] FWCA 6553

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
(AG2019/1981)

VEOLIA ENVIRONMENTAL SERVICES QUEENSLAND (SCAFFOLDING) AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 SEPTEMBER 2019

Application for approval of the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019.

[1] Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Veolia Environmental Services Queensland (Scaffolding) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] It is noted that clause 1.4.1 of the Agreement states the Agreement will operate from the date of approval by the Commission. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 September 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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