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[9]
austlii:cth/FWCA/2025/3348
General information, not legal advice.
FWCA
2025-10-07
Original judgment source is linked above.
s.185 - Enterprise agreement
Veolia Environmental Services (Australia) Pty Ltd
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD MURRIN MURRIN ENTERPRISE AGREEMENT 2025
Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2025
[1] Veolia Environmental Services (Australia) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2025 (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.
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
[4] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[5] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.
[6] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a) Clause 8.1(c) of the Agreement states that the Employer will operate a 84 hour per working week. This appears to suggest that employees may be required to work more than 38 hours in one week, inconsistent with s 62(1) of the Act.
[7] However, I am satisfied that under clause 4 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] 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 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[9] The Agreement was approved on 7 October 2025 and, in accordance with s 54, will operate from 14 October 2025. The nominal expiry date of the Agreement is 7 October 2029.
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