Veolia Recycling & Recovery Pty Ltd
[2024] FWCA 451
•1 FEBRUARY 2024
| [2024] FWCA 451 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Recycling & Recovery Pty Ltd
(AG2023/5499)
VEOLIA SHOALHAVEN RESIDENTIAL AGREEMENT 2023
| Waste management industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 1 FEBRUARY 2024 |
Application for approval of the Veolia Shoalhaven Residential Agreement 2023
An application has been made for approval of an enterprise agreement known as the Veolia Shoalhaven Residential 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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia NSW/QLD (Interim Governance) Branch (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523394 PR770859>
Annexure A
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