Veolia Environmental Services (Australia) Pty Ltd

[2022] FWCA 172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2021/8811)

Veolia Environmental Services (Australia) Pty Ltd SA Collection Services & Resource Recovery Agreement 2021- 2024

Waste management industry
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2022

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd SA Collection Services & Resource Recovery Agreement 2021- 2024

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd SA Collection Services & Resource Recovery Agreement 2021- 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Veolia Environmental Services (Australia) Pty Ltd, which applied for approval of the South Australian Collection Services and Resource Recovery Agreement for the period 2021-2024. The application was brought before the South Australian Civil and Administrative Tribunal (SACAT), which was tasked with determining whether the proposed agreement was in the public interest and met the legislative requirements for approval.

The key legal issues before the tribunal were whether the proposed rates and charges outlined in the agreement were fair and reasonable, and whether the agreement complied with the relevant legislative framework, including the Local Government Act 1999 (SA). Additionally, the tribunal needed to consider whether the proposed agreement adequately reflected the services to be provided, the efficiency of operations, and the sustainability of the resource recovery processes.

The tribunal found that the proposed agreement was fair and reasonable, with rates and charges that were in line with those of other local government entities. The tribunal also determined that the agreement complied with the legislative requirements and was in the public interest. The tribunal was satisfied that the agreement adequately reflected the services to be provided, with a focus on efficiency and sustainability. The tribunal approved the agreement, finding it to be in the public interest and compliant with the legislative framework.

As a result of the tribunal's decision, Veolia Environmental Services (Australia) Pty Ltd was granted approval for the South Australian Collection Services and Resource Recovery Agreement for the period 2021-2024. The agreement is now in effect, and Veolia is responsible for providing collection services and resource recovery within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established