Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services
[2023] FWCA 572
•22 FEBRUARY 2023
| [2023] FWCA 572 |
| 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
(AG2023/261)
Veolia Environmental Services Campbelltown Agreement 2022
| Waste management industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 22 FEBRUARY 2023 |
Application for approval of the Veolia Environmental Services Campbelltown Agreement 2022
An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Campbelltown Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
I note that Clauses 20.2(c) (Notice), 20.2(b)(ii) (Definition of immediate family) and 23 (Compassionate Leave) are likely to be inconsistent with the National Employment Standards. However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES
The Transport Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the Union.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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