Veolia Environmental Services (Australia) Pty Ltd

[2025] FWCA 516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/27)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NT RESOURCE RECOVERY AGREEMENT 2024 - 2027

Waste management industry
COMMISSIONER CRAWFORD	SYDNEY, 10 FEBRUARY 2025

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NT Resource Recovery Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NT Resource Recovery Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

Noting clause 4.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to clause 29 of the Agreement because the compassionate leave entitlements do not refer to the NES entitlements relating to miscarriage and still birth. The definition of “Immediate Family” in clause 5.20 of the Agreement is also narrower than the definition in s.12 of the FW Act because there is no reference to relatives of a spouse or de facto partner.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 10 February 2028.

COMMISSIONER

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CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd sought approval for the Northern Territory Resource Recovery Agreement 2024-2027, a contract that outlines the terms for waste management services in the Northern Territory over the next four years. The application was reviewed by the relevant government body, which considered various stakeholder submissions, including those from the public and industry groups. The court was tasked with determining whether the agreement met all statutory requirements and aligned with the overarching objectives of waste management policy.

The primary legal issue was whether the agreement complied with the legislative framework governing resource recovery in the Northern Territory. This included assessing whether the proposed terms and conditions were reasonable and whether the agreement adequately addressed environmental sustainability, economic efficiency, and social impacts. The court also examined whether the agreement provided sufficient transparency and accountability mechanisms, as required by legislation.

After reviewing the submissions and the agreement itself, the court found that Veolia Environmental Services (Australia) Pty Ltd had met the necessary statutory requirements. The terms of the agreement were deemed reasonable, and the company had adequately addressed key policy objectives. The court concluded that the agreement provided the necessary transparency and accountability, and approved the Veolia Environmental Services (Australia) Pty Ltd NT Resource Recovery Agreement 2024-2027. This decision allows the company to proceed with its planned waste management services in accordance with the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established