Veolia Recycling & Recovery No.1 Pty Ltd
[2024] FWCA 3164
•3 SEPTEMBER 2024
| [2024] FWCA 3164 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Recycling & Recovery No.1 Pty Ltd
(AG2024/3097)
VEOLIA AND TWU OPERATIONS AGREEMENT 2023
| Waste management industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 3 SEPTEMBER 2024 |
Application for approval of the Veolia and TWU Operations Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Veolia and TWU Operations Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Recycling & Recovery No.1 Pty Ltd (Employer). 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.
The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2024. The nominal expiry date of the Agreement is 4 September 2026.
DEPUTY PRESIDENT
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Annexure A
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