Veolia Recycling & Recovery Pty Ltd
[2025] FWCA 795
•18 MARCH 2025
| [2025] FWCA 795 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Recycling & Recovery Pty Ltd
(AG2025/439)
VEOLIA NAWMA AGREEMENT 2024
| Waste management industry | |
| COMMISSIONER ALLISON | MELBOURNE, 18 MARCH 2025 |
Application for approval of the Veolia NAWMA Agreement 2024
Veolia Recycling & Recovery Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Veolia NAWMA Agreement 2024 (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.
Clause 10 of the Agreement, relating to overtime, was unclear as to whether employees would receive weekend penalty rates while working on a Saturday or Sunday under the Agreement. The Agreement also does not provide a minimum engagement period for employees working on weekends. The Employer provided an undertaking incorporating clause 21 of the Waste Management Award 2020 to resolve this issue.
The Agreement is silent on pay rates for apprentices and trainees. The Employer provided an undertaking that it will not employ apprentices and trainees for the life of the Agreement to resolve this issue.
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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 1 September 2025.
COMMISSIONER
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Annexure A
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