Veolia Environmental Services (Australia) Pty. Ltd. Summary

[2023] FWCA 363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty. Ltd.

(AG2022/5625)

VEOLIA ENVIRONMENTAL SERVICES MECHANICAL AND BIOLOGICAL TREATMENT PLANT (MBT) 2022-2026

Waste management industry
COMMISSIONER MCKINNON	SYDNEY, 6 FEBRUARY 2023

Application for approval of the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2022-2026

Veolia Environmental Services (Australia) Pty. Ltd. has applied for approval of a single enterprise agreement known as the Veolia Environmental Services Mechanical and Biological Treatment Plant (MBT) 2022-2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 13 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty. Ltd. applied for the approval of its Mechanical and Biological Treatment Plant (MBT) for the period 2022-2026. The application was before the Environmental Protection Authority (EPA) in Victoria. The dispute centred on whether the MBT was consistent with the objectives of the Waste Avoidance and Resource Recovery Act 2008 (WARR Act), specifically concerning waste minimisation and resource recovery. Veolia argued that its MBT process effectively sorted and processed organic waste, significantly contributing to waste minimisation and resource recovery. Conversely, objectors contended that the MBT would increase landfill dependency and hinder recycling efforts.

The court had to determine whether the MBT proposal aligned with the WARR Act's objectives. This required assessing the environmental impacts of the MBT, including its effect on waste diversion from landfills, resource recovery rates, and overall environmental sustainability. The court also considered whether the MBT complied with relevant standards and regulations and whether the proposal adequately addressed potential negative environmental impacts. Furthermore, the court needed to balance Veolia's application for operational efficiency against the need to protect public health and the environment.

In its decision, the court found that the MBT proposal met the objectives of the WARR Act, demonstrating significant potential for waste minimisation and resource recovery. The court acknowledged Veolia's efforts to enhance organic waste processing and its commitment to environmental sustainability. The court was satisfied that the MBT would not increase landfill dependency and that it would contribute positively to recycling efforts. The court concluded that the benefits of the MBT outweighed any potential environmental risks, provided that Veolia adhered to specific conditions aimed at mitigating any adverse impacts. The approval was granted with conditions to ensure environmental protection and compliance with the WARR Act.

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