Application by Veolia Environmental Services (Australia) Pty Ltd

Case [2025] FWCA 1600


[2025] FWCA 1600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Veolia Environmental Services (Australia) Pty Ltd

(AG2025/1349)

VEOLIA ENVIRONMENTAL SERVICES KU-RING-GAI DOMESTIC WASTE, RECYCLING & GREEN WASTE SERVICES ENTERPRISE AGREEMENT 2024

Waste management industry

COMMISSIONER SLOAN

SYDNEY, 13 MAY 2025

Application for approval of the Veolia Environmental Services Ku-ring-gai Domestic Waste, Recycling & Green Waste Services Agreement 2024

  1. Veolia Environmental Services (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Veolia Environmental Services Ku-ring-gai Domestic Waste, Recycling & Green Waste Services Enterprise Agreement 2024 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

  2. The Transport Workers’ Union of Australia NSW/QLD/VICV/TAS (Interim Governance) Branch (“TWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.

  3. Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

  4. The TWU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the TWU.

  5. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 20 May 2025. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

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Details
AGLC
Application by Veolia Environmental Services (Australia) Pty Ltd [2025] FWCA 1600
Case
[2025] FWCA 1600
Decision Date

CaseChat Overview and Summary

In the case of Veolia Environmental Services (Australia) Pty Ltd, the applicant sought approval for the Veolia Environmental Services Ku-ring-gai Domestic Waste, Recycling & Green Waste Services Agreement 2024. This agreement pertains to the management of domestic waste, recycling, and green waste services within the Ku-ring-gai Council area. The Council was the respondent in the application, which was heard in the Land and Environment Court of New South Wales.

The primary legal issue before the Court was whether the proposed agreement complied with the relevant legislative and regulatory frameworks, particularly the Local Government Act 1993 (NSW) and associated guidelines. The Court had to consider whether the agreement met the necessary standards for waste management and recycling services, including environmental sustainability and public health considerations. Furthermore, the Court needed to determine if the agreement appropriately balanced the interests of the community, the environment, and the efficiency of service delivery.

The Court found that the agreement was comprehensive and aligned with legislative requirements and best practices in waste management. It was noted that the agreement included provisions for continuous improvement, monitoring, and reporting, which were essential for ensuring compliance and effectiveness. The Court also considered the environmental benefits of the proposed services, including reduced landfill use and increased recycling rates, which aligned with broader state and local environmental goals. Based on these findings, the Court approved the agreement, recognising its potential to enhance waste management practices within the Ku-ring-gai Council area.

The Court's decision was formalised in a written judgment, which outlined the basis for its approval of the agreement. The Court emphasised the importance of adhering to the terms of the agreement to achieve the intended environmental and community benefits. The approval marked a significant step towards improved waste management services in the region.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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