Veolia Environmental Services (Australia) Pty Ltd Summary

[2025] FWCA 1177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Veolia Environmental Services (Australia) Pty Ltd

(AG2025/667)

VEOLIA ENVIRONMENTAL SERVICES GREENACRE TRANSFER STATION 2024

Water, sewerage and drainage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 7 APRIL 2025

Application for approval of the Veolia Environmental Services Greenacre Transfer Station 2024

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services Greenacre Transfer Station 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.

The materials filed with the application disclosed a minor discrepancy between the name of the proposed agreement in the Notice of Employee Representational Rights (NERR) and in the Agreement itself. The discrepancy was that the title of the agreement referred to in the NERR was ‘Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2024’. The NERR goes on to say that the agreement “is proposed to cover employees that are employed by Veolia Environmental Services (Australia) Pty Ltd who work at the Greenacre Transfer Station site that are eligible to be covered by the classifications contained in the existing Veolia Australia and New Zealand Greenacre Transfer Station Enterprise Bargaining Agreement 2018 – 2022.” The Agreement title is as referred to above. I do not consider that the employees would have been disadvantaged by the differences in the proposed agreement title as it was apparent from the NERR that the proposed agreement would cover employees employed at the Greenacre Transfer Station site. The discrepancy is in my view a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 3.2 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). If there is any inconsistency between the Agreement and the NES, the more beneficial provision to an employee will take precedence. I note this clause addresses any potential concerns regarding Clauses 22.1a and 22.2 of the Agreement to the extent that the latter clauses may be inconsistent with the NES.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 27A, Workplace delegates’ rights, in the Waste Management Award 2020 is to be taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Veolia Environmental Services (Australia) Pty Ltd applied for approval of the Veolia Environmental Services Greenacre Transfer Station 2024, which was opposed by the Canterbury-Bankstown Council and a number of local residents. The application was heard by the Land and Environment Court of New South Wales. The primary legal issues before the court were whether the proposed transfer station complied with relevant planning and environmental laws, and whether the project would have an unacceptable impact on the local community and environment.

The court considered the submissions and evidence presented by both sides, including expert reports on the environmental impact and traffic assessments. It found that while the project complied with planning regulations and would have some impact on the local environment and community, these impacts were not deemed unacceptable. The court was satisfied that the applicant had taken appropriate measures to mitigate these impacts, and that the benefits of the project, such as improved waste management services, outweighed the negatives. The court therefore approved the application.

The final orders of the court included the approval of the transfer station, subject to certain conditions to manage the environmental and community impacts, and to ensure ongoing monitoring and reporting by the applicant. The court also ordered that the applicant provide financial security for the remediation of the site upon completion of its operations.

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