Veolia Environmental Services Pty Ltd

[2020] FWCA 1183

[2020] FWCA 1183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd
(AG2020/264)

VEOLIA NETWORK SERVICES ROCKLEA ENTERPRISE AGREEMENT (2020 - 2022)

Water, sewerage and drainage services
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MARCH 2020

Application for approval of the Veolia Network Services Rocklea Enterprise Agreement (2020-2022).

[1] An application has been made for approval of an enterprise agreement known as the Veolia Network Services Rocklea Enterprise Agreement (2020-2022) (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 Pty Ltd. 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.1(e);

•  Clause 8.1(d);

•  Clause 8.2(b);

•  Clause 8.2(c)(ii); and

•  Clause 8.6(a).

[6] However, noting clause 2 of the Agreement and the undertakings provided, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 3 March 2020 and, in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 3 March 2023.

COMMISSIONER

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Annexure A: