Veolia Environmental Services Pty Ltd

[2025] FWCA 1866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Environmental Services Pty Ltd

(AG2025/1361)

VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD NORTH WEST VICTORIA RESOURCE RECOVERY & FACILITIES ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER FOX	MELBOURNE, 3 JUNE 2025

Application for approval of the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Veolia Environmental Services Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

Annual Leave: Clause 25.1(b) of the Agreement specifies that annual leave is to be taken if authorised by the Company following a request by the employee, and subject at all times to the reasonable operational requirements of the Company. Section 88(2) of the Act specifies that an employer must not unreasonably refuse to agree to an employee’s request to take annual leave.

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

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 10 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Veolia Environmental Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, titled the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2024, was made between the company and various unions representing its employees. The primary dispute centred on the procedural validity of the agreement, including whether proper consultation and bargaining had occurred, and whether the agreement complied with the relevant statutory provisions.

The legal issues before the Commission included whether the company had engaged in genuine and meaningful bargaining with the unions, and if the agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, and whether it complied with the procedural requirements for making an enterprise agreement. Additionally, the Commission had to consider if the agreement adequately protected the rights of employees and provided for their fair treatment.

The Fair Work Commission found that Veolia Environmental Services Pty Ltd had indeed engaged in genuine and meaningful bargaining with the unions, and that the agreement met all statutory requirements. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it complied with the procedural requirements for making an enterprise agreement. The Commission also determined that the agreement adequately protected the rights of employees and provided for their fair treatment. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Veolia Environmental Services (Australia) Pty Ltd North West Victoria Resource Recovery & Facilities Enterprise Agreement 2024, effective from the date of the Commission’s decision. This approval ensures that the agreement will operate as intended, providing a framework for the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established