Veolia Environmental Services (Australia) Pty Ltd

[2025] FWCA 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/2800)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD MURRIN MURRIN ENTERPRISE AGREEMENT 2025

Waste management industry
COMMISSIONER LIM	PERTH, 7 OCTOBER 2025

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2025

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.

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.

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.

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.

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.

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.

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.

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.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied for the approval of the Murrin Murrin Enterprise Agreement 2025. The application was brought before the Fair Work Commission (FWC), where the Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement-making process and the substantive fairness of the terms within the agreement.

The key legal issues the FWC had to address included whether Veolia had followed proper procedures in negotiating the agreement, and whether the terms of the agreement were fair and reasonable. The Commission needed to ensure that the agreement was made in good faith, without coercion, and that it provided for the equitable treatment of employees. Additionally, the FWC considered whether the agreement complied with the Fair Work Act, including the provisions related to minimum entitlements, protected industrial action, and the protection of employee rights.

In its decision, the FWC found that Veolia had generally followed the necessary procedures in negotiating the agreement. The Commission noted that there had been some procedural shortcomings, but concluded that these did not significantly undermine the fairness of the agreement. Regarding the substantive fairness, the FWC assessed various terms of the agreement and found that, while some aspects could be improved, the overall provisions were fair and reasonable. The FWC considered the specific context of the enterprise and the parties' bargaining positions, and concluded that the agreement met the statutory requirements for approval.

The FWC approved the Veolia Environmental Services (Australia) Pty Ltd Murrin Murrin Enterprise Agreement 2025, subject to certain conditions. These conditions included a requirement for Veolia to provide additional information to employees about the agreement and to facilitate a process for resolving any disputes that may arise from the agreement's implementation. The FWC's approval was contingent upon Veolia's compliance with these conditions, ensuring that the agreement would operate effectively and fairly in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established