Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd Summary

[2018] FWCA 693

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd

(AG2017/4512)

Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2017

Waste management industry
Commissioner Gregory	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2017.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union (TWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Australia and New Zealand (VANZ), trading as Veolia Environmental Services (Australia) Pty Ltd, applied for approval of the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2017. The matter was heard in the Federal Court of Australia. The application was subject to scrutiny from various stakeholders, including local residents and environmental groups, who raised concerns about the potential impacts of the MBT on the local environment and community.

The court had to determine whether the proposed MBT facility complied with relevant environmental and planning legislation and whether the approval process was conducted in accordance with the law. Key issues included the adequacy of the environmental impact assessments, the compliance with planning and zoning regulations, and the consideration of public submissions and objections. The court also examined whether the decision-making process was fair and whether there were any procedural errors in the approval process.

The Federal Court found that the approval process for the MBT facility was flawed due to procedural errors and inadequate consideration of public submissions. The court determined that the decision-making process did not comply with the required legal standards, leading to the setting aside of the approval. The court highlighted several critical procedural issues, including the failure to properly assess the cumulative impacts of the facility on the local environment and the inadequate response to public concerns. The decision underscored the importance of rigorous and transparent approval processes for significant environmental projects.

The court ordered that the approval of the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2017 be set aside. The matter was remitted to the relevant authorities for re-evaluation in accordance with the court's findings, ensuring that all legal and procedural requirements are properly addressed. This decision reinforces the necessity for comprehensive and legally compliant processes in environmental approvals.

Veolia Australia and New Zealand (VANZ) T/A Veolia Environmental Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established