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

[2023] FWCA 2250

[2023] FWCA 2250

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 (Australia) Pty. Ltd.

(AG2023/2245)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY. LTD. COMMERCIAL SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2023-2026

Waste management industry
COMMISSIONER JOHNS	MELBOURNE, 20 JULY 2023

Application for approval of the "Veolia Environmental Services (Australia) Pty. Ltd. Commercial Services (Tasmania) Enterprise Agreement 2023-2026”

1. An application has been made for approval of an enterprise agreement known as the “Veolia Environmental Services (Australia) Pty. Ltd. Commercial Services (Tasmania) Enterprise Agreement 2023-2026” (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 (Australia) Pty. Ltd. 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. However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES).  In particular, terms relating to:

a)clause 10.7.1: Casual conversion,

b)clause 24.4: Compassionate leave.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Because of the undertaking proffered by the employer, there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms.

1. Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval 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. The Transport Workers’ Union of Australia 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A