Application for approval of the Veolia SA Collection Services Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Veolia SA Collection Services Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Clauses 19.7, as it relates to payment for absences before or after public holidays, 21.8, regarding cashing out of annual leave, 23.2 addressing notice for absence for carers leave, 25.1, regarding compassionate leave for casual employees, and 38.5, concerning withholding of monies from an employee who fails to give required notice, may be inconsistent with the National Employment Standards (NES).

[5] Considering clause 5.4 I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement does not contain a Delegates' Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates' Rights term in Clause 27A of the Waste Management Award 2020 is taken to be a term of the Agreement.

[7] With respect to the span of hours set out in the Agreement, pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer "that there are no foreseeable operational scenarios where the nature of duties performed in classification levels where rates of pay may not be high enough to compensate employees regularly starting at 3:30am or work (sic) until 6:30pm would be required to work at these times" with a specific reference to Grade 1. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

[8] The Transport Workers' Union of Australia (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.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act from 13 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

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