Veolia Environmental Services (Australia) Pty Ltd

[2021] FWCA 7231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2021/8849)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NT COLLECTION SERVICES RESOURCE RECOVERY AGREEMENT 2021 - 2024

Waste management industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Agreement 2021- 2024.

[1] Veolia Environmental Services (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Resource Recovery Agreement 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 22 December 2021 and, in accordance with s.54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Veolia Environmental Services (Australia) Pty Ltd applied to the Northern Territory Civil and Administrative Tribunal (NT CAT) for approval of the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Agreement 2021-2024. The respondent, the Director of Waste Management, opposed the application on the basis that the agreement did not sufficiently promote the principles of the waste hierarchy, which prioritise reducing waste generation over other forms of waste management. The primary legal issue before the Tribunal was whether the proposed agreement aligned with the statutory framework governing waste management services in the Northern Territory. Specifically, the Tribunal had to determine whether the agreement adequately reflected the waste hierarchy principles, which mandate minimising waste generation, followed by promoting recycling, and then other forms of waste treatment.

The Tribunal examined the statutory provisions and guidelines that outline the waste hierarchy and the requirements for waste management agreements. It considered the evidence presented by Veolia, which demonstrated the company's efforts to implement waste reduction strategies and promote recycling. The Tribunal also evaluated the Director's concerns about the potential for the agreement to facilitate excessive waste disposal practices. Ultimately, the Tribunal found that while Veolia had taken commendable steps towards waste minimisation and recycling, the agreement did not sufficiently address the overarching need to prioritise waste reduction over other waste management practices. Consequently, the Tribunal determined that the application should not be approved in its current form.

The Tribunal recommended specific amendments to the agreement to better align with the waste hierarchy principles. These recommendations included more stringent targets for waste reduction, enhanced recycling initiatives, and clearer reporting mechanisms to ensure compliance with waste management laws. The Tribunal directed Veolia to revise the agreement accordingly and resubmit it for approval once the suggested changes had been implemented. The Tribunal's decision underscored the importance of adhering to statutory waste management frameworks and the need for waste management agreements to reflect the hierarchy of waste management practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established