austlii:cth/FWCA/2026/672
General information, not legal advice.
FWCA
2026-03-18
Original judgment source is linked above.
s.185 - Enterprise agreement
VEOLIA CENTRAL COAST WASTE TRANSPORT ENTERPRISE AGREEMENT 2025
Application for approval of the Veolia Central Coast Waste Transport Enterprise Agreement 2025.
[1] Veolia Recycling & Recovery Pty Ltd has made an application for approval of an enterprise agreement known as the Veolia Central Coast Waste Transport Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[3] I am further satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by
clause 27A in the Waste Management Award 2020 is taken to be a term of the Agreement.
[5] The provisions at clauses 19.11 and 21.1 of the Agreement relating to work on public holidays and annual leave accrual may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements under the NES will prevail where there is any inconsistency between the Agreement and the NES.
[6] The Transport Workers' Union of Australia, 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) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2026. The nominal expiry date of the Agreement is 30 June 2028.
Printed by authority of the Commonwealth Government Printer