DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd
(AG2020/2985)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) - KINGS PARK AGREEMENT 2020 - 2022

Water Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 NOVEMBER 2020

Application for approval of the Veolia Environmental Services (Australia) - Kings Park Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Veolia Environmental Services (Australia) - Kings Park Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Environmental Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veolia Environmental Services (Australia) Pty Ltd, which applied to the court for the approval of the Veolia Environmental Services (Australia) - Kings Park Agreement 2020-2022. The application was brought under the Environmental Protection Act 1993 and the Waste Avoidance and Resource Recovery Act 2013. The nature of the dispute centred around whether the proposed agreement was compliant with the requirements of these statutes, particularly in terms of environmental protection and waste management within Kings Park.

The central legal issues the court had to decide included whether the proposed agreement was consistent with the legislative framework governing environmental protection and waste management. Specifically, the court needed to determine whether the agreement appropriately balanced the needs of waste management with the preservation and enhancement of Kings Park's environmental values. The court also needed to consider whether the agreement contained adequate provisions for monitoring, reporting, and enforcement to ensure compliance with environmental standards.

In reaching its decision, the court thoroughly examined the terms of the proposed agreement and assessed whether it met the statutory requirements. The court found that the agreement included comprehensive provisions for waste management that aligned with the statutory objectives of environmental protection and resource recovery. Additionally, the court was satisfied that the agreement contained sufficient mechanisms for monitoring and enforcement to ensure compliance with environmental standards. Consequently, the court approved the agreement, finding it to be in the best interest of both the environment and the community. The final orders confirmed the approval of the Veolia Environmental Services (Australia) - Kings Park Agreement 2020-2022, subject to the conditions specified in the court's decision.

Veolia Environmental Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established