Veolia Recycling & Recovery Pty Ltd

Case

[2024] FWCA 942

18 MARCH 2024


[2024] FWCA 942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling & Recovery Pty Ltd

(AG2024/657)

VEOLIA WETHERILL PARK MAINTENANCE ENTERPRISE AGREEMENT 2023

Waste management industry

DEPUTY PRESIDENT DEAN

CANBERRA, 18 MARCH 2024

Application for approval of the Veolia Wetherill Park Maintenance Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Veolia Wetherill Park Maintenance Enterprise 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 the Veolia Recycling & Recovery Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that the provisions at clause 25 concerning community service leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

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