Veolia Recycling & Recovery Pty Ltd

[2024] FWCA 1064

[2024] FWCA 1064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/780)

VEOLIA PERTH REGIONAL C&I DRIVERS AGREEMENT 2024

Waste management industry
COMMISSIONER LIM	PERTH, 11 APRIL 2024

Application for approval of the Veolia Perth Regional C&I Drivers Agreement 2024

1. Veolia Recycling & Recovery Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Perth Regional C&I Drivers Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 October 2023 and the Agreement was made on 6 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. I note that clause 24.1 of the Agreement is silent on leave for the permissible occasion of miscarriage or stillbirth, as per s 104 of the Act. Additionally, clause 25.1 states if it is not practicable for the employee to give prior notice of their absence on account of carer responsibilities, the employee shall notify the company by telephone of such absence at the first opportunity on the first day of absence. However, s 107(2)(a) of the Act provides notice may be given after leave has started. However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Transport Workers Union (the TWU), 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), and based on the declaration provided by the TWU, I note that the TWU is covered by the Agreement.

1. The Agreement was approved on 11 April 2024 and, in accordance with s 54, will operate from 18 April 2024. The nominal expiry date of the Agreement is 18 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523953  PR772728>