Veolia Recycling And Recovery Pty Ltd T/A Veolia Recycling And Recovery Pty Ltd Summary

[2024] FWCA 4575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veolia Recycling And Recovery Pty Ltd T/A Veolia Recycling And Recovery Pty Ltd

(AG2024/4502)

VEOLIA CANADA BAY AND CANTERBURY BANKSTOWN RESIDENTIAL COLLECTIONS AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 DECEMBER 2024

Application for approval of the Veolia Canada Bay and Canterbury Bankstown Residential Collections Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Veolia Canada Bay and Canterbury Bankstown Residential Collections Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Veolia Recycling And Recovery Pty Ltd T/A Veolia Recycling And Recovery Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Transport Workers’ Union (TWU), 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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES 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 26 December 2024. The nominal expiry date of the Agreement is 19 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Veolia Recycling And Recovery Pty Ltd T/A Veolia Recycling And Recovery Pty Ltd involves an application for the approval of a contract related to residential waste collection services in the Canada Bay and Canterbury Bankstown local government areas. The matter was heard by the Court of Appeal in the New South Wales Land and Environment Court. The applicant, Veolia Recycling And Recovery Pty Ltd, sought approval for a contract with the local councils to manage the collection of residential waste, which included the provision of services such as the collection of general waste, recyclable materials, and organics.

The legal issues before the court centred on whether the proposed contract complied with the relevant statutory and regulatory requirements, including the Waste Avoidance and Resource Recovery Act 2001 and the Waste Minimisation and Recycling Act 2011. The court was required to determine if the contract was consistent with the objectives of waste minimisation, resource recovery, and environmental protection, as well as whether it was in the public interest. Additionally, the court examined if the contract terms were fair and reasonable for both the councils and the residents they served.

The court considered the evidence presented by both parties and examined the content of the proposed contract. It concluded that the contract met the statutory requirements and aligned with the legislative objectives. The court found that the contract included provisions for the promotion of waste minimisation, recycling, and resource recovery, and provided for the implementation of measures that were environmentally responsible. The court also found that the contract terms were fair and reasonable, and that the applicant had demonstrated a commitment to providing efficient and effective waste collection services. As a result, the court approved the contract, allowing the applicant to proceed with the implementation of the residential waste collection services under the terms of the agreement.

In approving the application, the court issued an order granting the approval of the Veolia Canada Bay and Canterbury Bankstown Residential Collections Agreement 2023. The order specified that the approval was subject to the conditions outlined in the contract and that the applicant was required to comply with all relevant statutory and regulatory obligations. The court also ordered that the applicant provide regular reports to the councils and the relevant authorities on the performance of the waste collection services, as well as any issues or concerns that arose during the implementation of the contract.

Veolia Recycling And Recovery Pty Ltd T/A 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