Veolia Recycling and Recovery Pty Ltd Summary

[2024] FWCA 2039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling and Recovery Pty Ltd

(AG2024/1727)

VEOLIA CENTRAL COAST WASTE TRANSPORT ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 4 JUNE 2024

Application for approval of the Veolia Central Coast Waste Transport Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Veolia Central Coast Waste Transport Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veolia Recycling and Recovery Pty Ltd. The Agreement is a single enterprise agreement.

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.

I note that the provisions at clause 22.11 and clause 24.1 concerning public holidays and annual leave accrual are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veolia Recycling and Recovery Pty Ltd, which sought approval for the Veolia Central Coast Waste Transport Enterprise Agreement 2023. The application was brought before the Fair Work Commission, the relevant body for such matters in Australia. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in its terms and conditions.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the mandated minimum terms and conditions, and if it adhered to the principles of procedural fairness. The Commission also had to determine if the agreement was fair and reasonable, taking into account the views of the parties and any relevant economic factors.

The Commission found that the proposed enterprise agreement met the minimum terms and conditions required by the Act. It noted that the agreement provided for fair and reasonable terms and conditions, taking into account the parties' submissions and the economic climate. The Commission was satisfied that the agreement was not adversely discriminatory and that the process by which it was negotiated was fair. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act.

The Fair Work Commission approved the Veolia Central Coast Waste Transport Enterprise Agreement 2023, finding that it complied with the statutory requirements and was fair and reasonable in its terms and conditions.

Veolia Recycling and Recovery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established