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

Case

[2022] FWCA 4385

13 DECEMBER 2022


[2022] FWCA 4385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4899)

Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 - 2026

Manufacturing and associated industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 13 DECEMBER 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 – 2026.

  1. An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Pilbara Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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.

  1. 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.

  1. 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.

  1. I note that Clause 13.1.4 may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 12 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518546  PR748850>

Annexure A

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