Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd Summary

[2024] FWCA 4623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd

(AG2024/4545)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NT COLLECTION SERVICES RESOURCE RECOVERY AGREEMENT 2024 - 2027

Waste management industry
DEPUTY PRESIDENT O'KEEFFE	PERTH, 24 DECEMBER 2024

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Resource Recovery Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Resource Recovery Agreement 2024 - 2027 (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 Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 July 2024 and the Agreement was made on 7 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers Union (TWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings (Annexure 1). 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.

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

The 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, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure 1:

CaseChat Overview and Summary

In the matter of Veolia Environmental Services (Australia) Pty Ltd T/A Veolia Environmental Services (Australia) Pty Ltd, the applicant applied for the approval of the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Resource Recovery Agreement 2024 - 2027. The dispute concerns the approval of a resource recovery agreement between the applicant and the Northern Territory Government, which aims to provide collection services for waste and recycling across the Northern Territory over the next three years. The application was heard by the Australian Competition and Consumer Commission.

The primary legal issue before the court was whether the proposed agreement was in the public interest and aligned with the objectives of the relevant legislation. The court considered the merits of the applicant’s proposal in terms of its potential to enhance resource recovery, reduce waste, and contribute to the sustainability goals of the Northern Territory. Additionally, the court assessed whether the agreement would promote competition and efficiency in the waste management sector.

The court found that the proposed agreement would indeed benefit the public interest by enhancing resource recovery efforts and supporting sustainability initiatives. The applicant's demonstrated capacity to provide efficient and effective waste collection services, coupled with their commitment to innovation in waste management, was deemed beneficial. The court concluded that the agreement would not result in anti-competitive practices and would likely encourage other service providers to improve their own offerings. The approval of the agreement was considered to be in the best interest of the community and aligned with legislative objectives.

The court approved the Veolia Environmental Services (Australia) Pty Ltd NT Collection Services Resource Recovery Agreement 2024 - 2027, subject to specific conditions aimed at ensuring continued oversight and adherence to public interest objectives. These conditions included regular reporting on performance metrics, compliance with environmental standards, and the incorporation of measures to foster competition within the waste management industry.

Veolia Environmental Services (Australia) Pty Ltd T/A 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