austlii:cth/FWCA/2025/1466
General information, not legal advice.
FWCA
2025-05-02
Commissioner P
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 2 May 2025.
The word 'Trading' has been taken out of the Applicant's name
s.185 - Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD INDUSTRIAL SERVICES FABRICATIONS ENTERPRISE AGREEMENT 2025
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2025
[1] Veolia Environmental Services (Australia) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Industrial Services Fabrications Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[3] I observe that clause 26.1(4) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 5.3 and 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.
[5] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 2 May 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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